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Duces Tecum Subpoenas

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Future Lawyer

Junior Member
What is the name of your state? NY
In a Federal civil lawsuit, does the Defendant's attorneys have the right to demand to know who and what the Plaintiff intends to serve duces tecum subpoenas upon prior to the subpoenas being served and they then being duly notified?
 


tranquility

Senior Member
I'm not sure I understand your question. The federal rules list the requirement. Are you asking if there is an additional requirement from that contained in the FRCP?

No. Unless there is a local rule (or local, local rule) or court order stating differently.
 

seniorjudge

Senior Member
What is the name of your state? NY
In a Federal civil lawsuit, does the Defendant's attorneys have the right to demand to know who and what the Plaintiff intends to serve duces tecum subpoenas upon prior to the subpoenas being served and they then being duly notified?
What class is this for?

Fed Civ Pro?
 

Future Lawyer

Junior Member
Duces Tecum Subpoenas PartII

Yes, this would be under the Federal Rules. The subpoenas in question would be served on people who are not directly involved in the lawsuit. But the documents that would be generated by the subpoenas would support the plaintiff's allegations and complaint. The defense is trying to prevent these subpoenas from being issued. What argument would be accepted by a Federal court on behalf of the plaintiff to issue those subpoenas?
Thank You for your help.
 

tranquility

Senior Member
What are you talking about? Are the subpoenas designed to elicit relevant evidence? How does this new question correspond to the first question you asked?
 

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