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§ Form 11.30 Subpoena to Produce Evidence or to Permit Inspection of Premises

Codes > Maine Revised Statutes > Rules of > Appendix of : Section 11 > Form 11.30

Form 11.30 Subpoena to Produce Evidence or to Permit Inspection of Premises

    (CAPTION)

    SUBPOENA [FN1]

    TO (name of person having possession, custody, or control of evidence or premises):

    YOU ARE HEREBY COMMANDED in the name of the State of Maine to produce the following designated things:     (describe the documents or other things to be produced) at (address of place at which to be produced) at __:_____.M. o'clock on the ______ day of , 19___, and there permit the inspection and copying of the above-designated things as relevant to the subject matter involved in the action of (name of plaintiff) against (name of defendant), Civil Action Docket No. ______, now pending in the (name of court).

    YOU ARE [HEREBY] [ALSO] COMMANDED [in the name of the State of Maine] to permit inspection of (description and location of premises) at (specified time) as relevant to the subject matter involved in the [above-referenced] action of [ (name of plaintiff) against (name of defendant) ], Civil Action Docket No. ______, now pending in the (name of court).[FN2]

    This subpoena is issued on behalf of (name of party), whose attorney is (name, address).

    NOTICE: A STATEMENT OF YOUR RIGHTS AND DUTIES PURSUANT TO THIS SUBPOENA AS SET OUT IN RULES 45(c) AND (d) OF THE MAINE RULES OF CIVIL PROCEDURE IS APPENDED. If you object to the subpoena, you must file a timely motion in court to quash or modify it. [If you object to the inspection or copying of any of the  (materials/premises) designated above, you must serve notice of that objection in writing upon (name of party or
attorney) on or before (date).[FN3]

    WARNING: FAILURE TO COMPLY WITH THIS SUBPOENA MAY SUBJECT YOU TO ARREST AND BEING FOUND IN CONTEMPT OF COURT.

    Dated ____________.

    ________________________________________________________________________________(Clerk of the

                                                                                                                                [Superior]/[District] Court)(Attorney at Law) [FN4]

    [FN1] This form is to be used for a subpoena for production or inspection pursuant to Rule 45(a)(1) separate from a subpoena to appear.

    [FN2] The bracketed alternative language in this paragraph permits it to be used either as a separate subpoena for inspection of premises or as an additional command joined with a command for production of evidence.

    [FN3] A copy of the text of Rules 45(c), (d), must be appended to the Form. The applicable date is determined by Rule 45(c)(2)(B).

    [FN4] The subpoena may be signed by a member of the Maine bar as officer of the court. Rule 45(a)(3).