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Comments for Subpoena duces Tecum

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Question for new secretary
by: Anonymous

After the subpoena duces tecum for trial has been issued by the attorney and the process server returned the original subpoena to our office.
Does the original subpoena has to be filed with the Court? And does a notice have to be filed with the original subpoena?

I have notices prepared but don't know which one to use:
Notice of Issuance of Subpoena for Trial
or Notice of Filing Subpoena Duces Tecum for Trial

Issuance of Subpoena
by: ACV Pro Se Services

Here is the rule from the Office of the Clerk for the Southern District of Florida which is located at: http://www.flsd.uscourts.gov/wp-content/uploads/2011/06/Civil-Case-Filing-Requirements-June-1-2011.pdf

2H. Civil Subpoenas
Civil Subpoena for Trial is the process by which the Court, at the request of a party, commands a
witness to appear at a trial or hearing for the purpose of giving testimony before the Court.
Civil Subpoena for Deposition or a Subpoena for Documents (Duces Tecum) is the process by
which the Court, at the request of a party, commands a witness to produce testimony (i.e.,
deposition) or a document(s) that is pertinent to the issues of a pending action. In the case of a
subpoena for a deposition or production of documents taking place in another district, the name of
that Court and case number (where the deposition or production is to take place) must be indicated
on the subpoena. For additional information, refer to the Federal Rules of Civil Procedure, Rule 45.
(1) Issuance of Subpoenas
Federal Rules of Civil Procedure, Rule 45 was amended as of December 1, 1991 to abolish the
requirement that a subpoena be issued under the seal of the Court; the only requirement under the
amended rule is that the subpoena be signed by an attorney.
Pro se litigants, or other parties who are not officers of the Court, must have subpoenas issued by
the Clerk’s Office. If an attorney or party requests that the Court issue a subpoena, the Clerk’s
Office shall issue a subpoena, which is signed (not sealed or dated) but otherwise blank, to the
requesting party.
Attorneys may also issue and sign subpoenas as an officer of (a) a Court in which the attorney is
authorized to practice, or (b) for a district where the deposition is to be taken or production is to be
made, if the attorney is authorized to practice in the Court where the action is pending.
(2) Service of Subpoenas and Fees
A subpoena may be served by any person who is at least 18 years old and not a party in the case.
Proof of Service, when necessary, requires filing a statement showing the date and manner of service
and the names of the persons served. The Proof of Service must be certified by the server. Refer to
U.S. Code: Title 28, Section 1821 for information fees including witness fees, mileage, etc.

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