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  1. #11
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Can You Take a Deposition of Somebody Who Interviews Your Child About Abuse

    The court does not need to serve it, they need to issue it. Each court does this differently. Some federal districts will hand over signed subpoena forms for the plaintiff/defendant to fill out and serve while others require the party to fill out a subpoena and submit it to the clerk to sign and return for the party to serve. I am sure some courts require a submission of a subpoena to the court who will then serve it for a fee. It all depends.

  2. #12
    Join Date
    Nov 2013
    Posts
    12

    Default Re: Can You Take a Deposition of Somebody Who Interviews Your Child About Abuse

    Ok, I was banging my head against the wall and gave myself a headache reading and re-reading the actual subpoena over. I think I may have found the issue, If I'm correct I need to go the the clerks office that is in the local courthouse and have them get a judge to sign the subpoena. The "terminology" looks correct compared to the examples given in Illinois and what I found in the law library.

    This may have been what some were trying to convey...

    Does this sound feasible?

    - - - Updated - - -

    This is for future readers, I called the Circuit Clerk's office of Kane County (normally that's taboo because they are quick to dismiss giving any legal advice) and they informed me that the Clerk in fact signs the subpoena and that would be considered a properly issued Subpoena Duces Tecum, come on...say it with me "Subpoena Duces Tecum," just rolls of the tongue doesn't it? haha. what a weird name...I know many words are derived from Latin but wowza that's a strange one.

    Thank you for everyone's effort in steering me in the right direction, it was this site that prompted me to look outside the terminology of the actual subpoena and look at the parameters in which it was prepared/issued.

    muchos gracias my legal hermanos

    - - - Updated - - -

    Oooooh $hit, one last question I forgot to ask them and you guys:

    does my SDT have to be served on the person who performed the interview? or would have it sent to HR suffice? I have received a SDT for previous employees pay structure etc. but I wasn't certain if the requirements for whom the subpoenas are mailed/sent to vary depending upon the type of subpoena?

    Thanks

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