Last updated: 2/7/2023
Subpoena
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Description
Name of Person Filing: Mailing Address: City, State, and Zip Code: Daytime Phone Number: _________________________________ _________________________________ _________________________________ _________________________________ SUPERIOR COURT OF ARIZONA MOHAVE COUNTY Case Number:________________________ (Name of Plaintiff / Petitioner) SUBPOENA VS DUCES TECUM (Name of Defendant / Respondent) THE STATE OF ARIZONA TO: _________________________________________________ YOU ARE COMMANDED to appear and give testimony at the time and place specified below: BEFORE WHOM APPEARANCE TO BE MADE: ____________________________________________ DATE AND TIME OF APPEARANCE: ________________________________________________ PLACE OF APPEARANCE: Mohave County Superior Court, ___________________________________ YOU ARE ALSO COMMANDED to bring with you and produce these books, papers, documents or tangible things: _____________________________________________________________________________ _____________________________________________________________________________ In the event this Subpoena is for appearance before the Court, please contact the division of the Court stated above to determine if the trial or hearing time has been changed. A.R.S. §22-217; §12-2211; RCP 45(a). YOU HAVE BEEN SUBPOENAED BY:__________________________________________ YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUBPOENA WITHOUT ADEQUATE EXCUSE MAY BE DEEMED A CONTEMPT OF THIS COURT, AND A CIVIL ARREST WARRANT MAY BE ISSUED. A CIVIL ARREST IS AN ORDER DIRECTING ANY POLICE OFFICER IN ARIZONA TO ARREST YOU AND BRING YOU BEFORE THIS COURT FOR FUTURE PROCEEDINGS. SIGNED AND SEALED this date:__________________________________________ Virlynn Tinnell, Clerk of Superior Court By: ___________________________________ Deputy Clerk Revised: 1/1/17 Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Your Duties in Responding To This Subpoena Attendance at a Trial. If this subpoena commands you to appear at a trial, you must appear at the place, date and time designated in the subpoena unless you file a timely motion with the court and the court quashes or modifies the subpoena. See Rule 45(b)(5) and Rule 45(e)(2) of the Arizona Rules of Civil Procedure. See also "Your Right To Object To This Subpoena" section below. Unless a court orders otherwise, you are required to travel to any part of the state to attend and give testimony at a trial. See Rule 45(b)(3)(A) of the Arizona Rules of Civil Procedure. Attendance at a Hearing or Deposition. If this subpoena commands you to appear at a hearing or deposition, you must appear at the place, date and time designated in this subpoena unless either: (1) you file a timely motion with the court and the court quashes or modifies the subpoena; or (2) you are not a party or a party's officer and this subpoena commands you to travel to a place other than: (a) the county where you reside or you transact business in person; or (b) the county where you were served with the subpoena or within forty (40) miles from the place of service; or (c) such other convenient place fixed by a court order. See Rule 45(b)(3)(B) and Rule 45(e)(2)(A)(ii) of the Arizona Rules of Civil Procedure. See also "Your Right To Object To This Subpoena" section below. Production of Documentary Evidence. If this subpoena commands you to produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things, you must make the items available at the place, date, and time designated in this subpoena, and in the case of electronically stored information, in the form or forms requested, unless you provide a good faith written objection to the party or attorney who served the subpoena. You may object to the production of electronically stored information from sources that you identify as not reasonably accessible because of undue burden or expense. See Rule 45(c)(2)(D) and (c)(5) of the Arizona Rules of Civil Procedure. See also "Your Right To Object To This Subpoena" section below. If this subpoena does not specify a form for producing electronically stored information, you may produce it in native form or in another reasonably usable form that will enable the receiving party to have the same ability to access, search, and display the information as the responding person, but you need not produce the same electronically stored information in more than one form. See Rule 45(c)(2)(B) and (C) of the Arizona Rules of Civil Procedure. If the subpoena commands you to produce documents, you have the duty to produce the designated documents as they are kept by you in the usual course of business, or you may organize the documents and label them to correspond with the categories set forth in the subpoena. See Rule 45(c)(4) of the Arizona Rules of Civil Procedure. Inspection of Premises. If the subpoena commands you to make certain premises available for inspection, you must make the designated premises available for inspection on the date and time designated in this subpoena unless you provide a good faith written objection to the party or attorney who served the subpoena. See Rule 45(c)(5) of the Arizona Rules of Civil Procedure. See also "Your Right to Object to This Subpoena" section below. Combined Subpoena. You should note that a command to produce certain designated materials, or to permit the inspection of premises, may be combined with a command to appear at a trial, hearing, or deposition. See Rule 45(b)(2) of the Arizona Rules of Civil Procedure. You do not, however, need to appear in person at the place of production or inspection unless the subpoena also states that you must appear for and give testimony at a hearing, trial or deposition. See Rule 45(c)(3) of the Arizona Rules of Civil Procedure. Your Right To Object To This Subpoena Generally. If you have concerns or questions about this subpoena, you should first contact the party or attorney who served the subpoena. The party or attorney serving the subpoena has a duty to take reasonable steps to avoid imposing an undue burden or expense on you. The superior court enforces this duty and may impose sanctions upon the party or attorney serving the subpoena if this duty is breached. See Rule 45(e)(1) of the Arizona Rules of Civil Procedure. Revised: 1/1/17 Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Procedure for Objecting to a Subpoena for Attendance at a Hearing, Trial or Deposition.