Subpeona Duces Tecum: Fees Language

[j2thep66]

Questions:

1) In filing Subpeona Duces Tecum for documents only, what is the appropriate language to be included in the request regarding fees?

2) I know that the requestor must pay the fees incurred by the requstee for document production, but how is the fee determined?
a) Is it the best practice to call the party from whom documents are sought to inquire about any fees they may have for document copying etc. and include that fee in the fee language or;
b) Is there a set fee for document production as there is for witness testimony i.e. $x.xx/day + $.xx/mileage there & back?

Thanks in advance for any assistance. My initial SDT's were quashed due to no language regarding fees in accordance with Indiana rule 34.

 

[jharris352]

Do you have the Text of Rule 54? I would imagine there are set amounts like $.25 per page of copies and $.31 per mile travel. I know here in GA we did away with DTS and you have regular subpoenas where you can ask them to bring documents. You pay $31 for in county and $.27/mile for out of county. Check with someone local and they might just tell you.

 

[j2thep66]

Rule 34 vs. 54 sorry! http://www.in.gov/judiciary/rules/appellate/#r34

It is not clear regarding determination of fee. I read elsewhere online that best practice was to call the requestee and ask what their fee for subpeona submission was. Here is Rule 34:

Rule 34. Motion Practice

A. Use of Motion. Unless a statute or these Rules provide another form of application, a request for an order or for other relief shall be made by filing a motion in writing.

B. Motions Subject to Decision Without Response. The Court will not await a response before ruling on the following motions:

(1) to extend time;

(2) to file an oversize Petition, brief or motion;

(3) to withdraw appearance;

(4) to substitute a party; and

(5) to withdraw the record.

The Court will consider any responses filed before it rules on the motion. A response filed after ruling on the motion will automatically be treated as a motion to reconsider; any party may file a motion to reconsider a decision on a motion described in this Section within ten (10) days after the Court's ruling on the motion.

C. Response. Any party may file a response to a motion within fifteen (15) days after the motion is served. The fact that no response is filed does not affect the Court's discretion in ruling on the motion.

D. Reply. The movant may not file a reply to a response without leave of the Court. Any reply must be filed with the motion for leave, and tendered within five (5) days of service of the response.

E. Content of Motions, Responses and Replies. Except for the motions listed in Rule 34(B), a motion, response, or reply shall contain the following, but headings are not required:

(1) Statement of Grounds. A statement particularizing the grounds on which the motion, response, or reply is based;

(2) Statement of Supporting Facts. The specific facts supporting those grounds, including page citation to the Clerk's Record or Transcript or other supporting material;

(3) Statement of Supporting Law. All supporting legal arguments, including citation to authority;

(4) Other Required Matters. Any matter specifically required by a Rule governing the motion; and

(5) Request for Relief. A specific and clear statement of the relief sought.

F. Verification of Facts Outside the Record on Appeal. When the motion, response, or reply relies on facts not contained in materials that have been filed with the Clerk, the motion, response, or reply shall be verified and/or accompanied by affidavits or certified copies of documents filed with the trial court clerk or Administrative Agency.

G. Form of Motions, Responses and Replies.

(1) Form; Citations; References. Motions, responses and replies shall conform to the requirements for briefs under Rule 43(B)-(G).

(2) Length. Unless the Court provides otherwise, a motion or a response shall not exceed ten (10) pages or 4,200 words, and replies shall not exceed five (5) pages or 2,100 words. If the document exceeds the page limit, it must contain a word count certificate in compliance with Rule 44(F).

H. Oral Argument. Ordinarily oral argument will not be heard on any motion.

 

[j2thep66]

Just noticed this:

Rule 34 paragraph F. The opposing counsel made numerous references within the motion for summary judgement alledging that I had gotten x terminated from a previous employer in a similar manner as outlined in the civil suit for the matter at hand. These allegations are false & could be considered facts not contained in materials filed with the clerk &/or verified and accompanied by affidavit could they not?

Also: paragraph G subsection (2) Length. The motion for summary judgment was 28 pages, 56 total with exhibits.

Now see paragraph C. 15 days is tomorrow 12/18/09. I must file a response by tomorrow for it to be considered! Looks like I'm calling off work tomorrow!!!

Would the response be a motion to compel? quash? due to non compliance with 34 p F & G.

 

[jharris352]

Didn't you say that oral arguments were scheduled for this SJM? If so, you can file a response anytime up to and including the day of oral arguments. Or, you can file a response within the time limit and then amend it any time until there has been a final order in the case.

 

[j2thep66]

That is correct, bench has set date to consider Motion for Summary for 1/20/09