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Pretrial Order Form. This is a Nebraska form and can be use in 8th District Local County.
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Tags: Pretrial Order, E-16, Nebraska Local County, 8th District
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:
Index No.
Calendar No.
:
IN THE DISTRICT COURT OF ^ COUNTY, NEBRASKA
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
^,
Case No. ^
:
Petitioner,
:
vs.
PRETRIAL ORDER
Defendant(s)
:
......................................................
^,
Respondent.
THE PEOPLE OF THE STATE OF NEW^.
YORK
DATE OF CONFERENCE:
PLACE OF CONFERENCE:
TO
^ County Courthouse, ^, Nebraska.
APPEARANCES:
For the petitioner:
^.
For the respondent:
^.
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
1.
INTERNET HOME PAGE: The court’s Internet homeCourt address is:
page
,
the Honorable
at the
located at
County of
www.nol.org/home/DC8/ or www.dc8.state.ne.us
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
ADDITIONAL PARTIES: After discussion between the court and
or2.
adjourned date, to testify and give evidence as a witness in this action on the part of thecounsel, it was
determined that there are no additional parties which are necessary parties to the action. No
motions to add or substitute parties will be considered hereafter except upon showing of good
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this not limited to, issued for athat the determination$50 and all damagescould
cause including, but subpoena was a showing maximum penalty of to add such parties sustained as a
result of your failure to comply.
not have been made in the exercise of reasonable diligence prior to the date of this pretrial
Witness, Honorable
conference.
Court in
3.
County,
, one of the Justices of the
day of
, 20
SETTLEMENT EFFORTS: The parties, through their respective counsel, have assured the
court that they have diligently pursued all reasonable efforts to settle the case without the
(Attorney must sign above and type name below)
necessity of a trial.
4.
TRIAL: Trial shall be held as follows:
A.
Attorney(s) for
TYPE: The trial shall be to the court in equity.
B.
PLACE: The trial will be held at the District Courtroom, ^ County Courthouse, ^,
Nebraska.
C.
Office and P.O. Address
DAY(S): The trial is budgeted for ^ day(s) of trial time.
1
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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DATE/TIME: The trial Plaintiff(s)subject to call JUDICIAL SUBPOENA
shall be
at Trial Session No. ^, unless
subsequently continued to a later trial session.: Unless otherwise notified by the court
-against-
at the time of call for trial, the trial shall begin at 9:00 a.m.
:
E.
PRIORITY FOR TRIAL:
(1)
:
Priority Date: ^.
Defendant(s)
:
. . . . . . . . . . . . . . .(2). . . . Except .as. otherwise. ordered .for .efficient use of the available time, the case
..
...... . ........ ....... .. ....
shall be heard at the trial session in order of priority by date of placement on
the trial calendar (the “priority date”), except that criminal cases shall have
THE PEOPLE OF THE STATE OF NEW YORK
first priority for trial, and civil cases having statutory priority shall be
TO
advanced for trial prior to cases not having statutory priority.
(3)
determined by viewing the trial list on the court’s Internet site.
GREETINGS:
F.
The status of the court’s trial calendar, kept continually current, shall be
CONTINUANCE TO SUBSEQUENT TRIAL SESSION: If the trial is not called at
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable the initial trial session provided above, the trial shall automatically be continued to
at the
Court
located at
County of
the next trial session thereafter for that county (East Trial Session for trials in Boyd
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,or Holt Counties, evidence as a witness in this trials in Blaine, Brown, Cherry, Keya
to testify and give or West Trial Session for action on the part of the
Paha, or Rock Counties), subject to the following:
(1)
Because of conflicts with counsels’ schedules disclosed at pretrial, the trial
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalfwill be automatically passed a maximum Session(s)$50 and ^ [none] without
this subpoena was issued for as to Trial penalty of No(s). all damages sustained as a
result of your failure to comply.
any change of priority date.
Witness, Honorable
, not consider any of the
(2)
Except for such disclosed conflicts, the court willone of the Justicesmotion for
Court in
County,
day of
, 20
continuance not heard by the court before the close of the trial session for that
county immediately preceding the trial session at which the trial would
(Attorney must sign above and type
otherwise be subject to call (e.g., if the trial would otherwisenamesubject to
be below)
call at East Trial Session No. 5, the court will not consider any motion for
Attorney(s) for
continuance not brought on for hearing before the close of East Trial Session
No. 3).
(3)
Except for such disclosed conflicts, the granting of a motion for continuance
Office and P.O. Address
shall constitute a removal from and replacement to the trial calendar, and
which shall change the “priority date” to the date of rendition of such order.
2
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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(4)
Index No.
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:
Motions for continuance for undisclosed or subsequently occurring schedule
JUDICIAL SUBPOENA
Plaintiff(s)
conflicts or for other good cause are subject to the usual requirements of Rules
-against:
8-3 and 8-4, except that a motion may be heard upon 48-hours notice to
:
opposing counsel when accompanied by an affidavit stating facts
:
demonstrating that such conflict or cause was not discoverable in the exercise
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . of .reasonable .diligence. .in .time. . . .be heard in conformity with the normal
. . . . . . . . . . . . . . . . . . . . . . to . .
requirements of Rules 8-3 and 8-4.
(5)
If the budgeted time for trial is less than the remaining time available in the
THE PEOPLE OF THE STATE OF NEW YORK
current trial session for which the trial is subject to call, the court may
TO
continue the trial to a subsequent trial session even if such continuance will
have the effect of advancing for earlier trial a case having a later priority date.
GREETINGS:
(6)
The status of cases subject to call shall be determined by reference to the
court’s trial calendar, kept continually current, and which may be viewed on
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
the court’s Internet site. at the
,
the Honorable
Court
located at
County of
5.
PLEADINGS: After discussion between the court and counsel, the following orders were
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
issued with regard to pleading:
A.
ALLOWED PLEADINGS: Pursuant to statute, the only pleadings allowed are the
petition, the responsive pleading is punishable as counter-petition), and will make you
Your failure to comply with this subpoena (with or withouta contempt of courtand the responsive liable to
the party on whose behalf thiscounter-petition.
pleading to subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
B.
UNCONTESTED ALLEGATIONS: Allegations of fact in a petition or counter-
Witness, Honorable denied in any responsive pleading thereto shall be of the Justices of the and
, one deemed as admitted
petition not
Court in
County,
day of
, 20
may not be contested at trial.
C.
PLEADINGS ON FILE: The operative pleadings on file at the time of the conference
(Attorney must sign above and type name below)
are:
(1)
PETITION: The ^ petition filed on ^.
(a)
(2)
COUNTER-PETITION: The counter-petition filed on ^.
(a)
D.
Attorney(s) for
RESPONSIVE PLEADING: The ^ responsive pleading filed on ^.
RESPONSIVE PLEADING: The ^ responsive pleading filed on ^.
Office and P.O. Address
ISSUES: The issues for trial shall be determined in accordance with the “ISSUES”
paragraph below.
3
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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DISCOVERY: After discussion among the court and counsel, the court finds that discovery
JUDICIAL SUBPOENA
Plaintiff(s)
is completed^, except for depositions to be taken on or before ^. The parties may stipulate for
-against:
additional discovery if the stipulation will not delay any trial or the progression of the case
:
toward trial, and the court may grant additional discovery upon motion and hearing, upon the
:
showing of good cause.
Defendant(s)
:
. .7.. . . . . WITNESSES: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
.............
A.
ATTACHED LISTS: Witnesses for each party are named on the respective list of the
parties attached hereto and marked as follows:
THE PEOPLE OF THE STATE OF NEW YORK
(1)
B.
GREETINGS:
Schedule ^.
(2)
TO
For the petitioner:
For the respondent:
Schedule ^.
ADDITIONAL WITNESSES: Except rebuttal witnesses not now known, neither party
may call as a witness at trial any person that is not on any one or more of the witness
lists (without regard to the identity of the party submitting the list).
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
C.
,
the Honorable SUPPLEMENTING LISTS: Any the may add additional witnesses to such party’s
at party
Court
located at
County of
witness list by filing with the court and mailing to the other counsel a list of the
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,additional witnesses togetherawith a summary of the the part of the each additional
to testify and give evidence as witness in this action on testimony of
witness on or before ^. Thereafter, witnesses may be added to the witness list only
with the permission of the court is punishable as a contempt of
Your failure to comply with this subpoena after showing of good cause. court and will make you liable to
the party on whose behalf this subpoenaLISTS: Witnesses may be added to a $50 and list damages sustained as a
D.
SUPPLEMENTING was issued for a maximum penalty of witness all only with the
result of your failure to comply.
permission of the court after showing of good cause.
8.
Court in
Witness, Honorable
EXHIBITS:
A.
County,
, one of the Justices of the
day of
, 20
ATTACHED LISTS: Each party disclosed the exhibits they respectively intend to
introduce, to be the following:
(Attorney must sign above and type name below)
(1)
Schedule ^.
(2)
B.
For the petitioner:
For the respondent:
Schedule ^.
ADDITIONAL EXHIBITS: The parties areAttorney(s)the exhibits on any one or more
limited to for
of the exhibit lists (without regard to the identity of the party submitting the list).
C.
SUPPLEMENTING LISTS: Exhibits may be added to the exhibit list only with the
Office and P.O. Address
permission of the court given after showing of good cause.
4
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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SUPPLEMENTING LISTS: Any party may add exhibits to their list at any time on or
JUDICIAL SUBPOENA
Plaintiff(s)
before ^ by filing with the court, and mailing to:the other counsel, a list and description
-againstof the additional exhibits, and mailing to the other counsel a photocopy of the exhibits
:
unless photocopying the exhibit is impractical or unduly expensive.
Unless
:
supplementation after the pretrial conference is allowed by this pretrial order, exhibits
Defendant(s)
:
. . . . . . . . . . . . . . .may. be .added .to. the. . . . . . . . list. . . . . .with. . . permission of the court given after
. . . . . . . . . . . . . exhibit . . only . . . the
showing of good cause.
E.
NONDOCUMENTARY/OVERSIZE EXHIBITS: Pursuant to Supreme Court rule:
THE PEOPLE OF THE STATE OF NEW YORK
(1)
TO
The party offering any nondocumentary item of physical evidence shall
provide a photograph, not exceeding 8½ by 11 inches and which fairly and
accurately depicts the item, to the court reporter at the time the original exhibit
is marked.
GREETINGS:
(2)
The party offering any documentary item of evidence exceeding 8½ by 11
(3)
The court reporter shall refuse to mark and the Court may refuse to accept any
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
inches shall provide a at the size photographic copy or photograph, not
reduced
,
the Honorable
Court
located at
County of
exceeding 8½ by 11 inches and which fairly and accurately depicts the item,
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
to the court reporter at witness the original on the is marked.
or adjourned date, to testify and give evidence as athe time in this action exhibitpart of the
such item submitted but not accompanied by such copy or photograph.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this EXHIBITS: All exhibits shall be marked by the official court reporter
F.
MARKING subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
(“reporter”). Counsel shall not pre-mark exhibits except after consultation with and
Witness, Honorable
, at of the Justices of the
obtaining approval of the reporter. Counsel shall appearoneleast 30 minutes prior to
Court in
County,
day of
, 20
trial to present exhibits to the reporter for marking, unless counsel has made advance
arrangements with the reporter for pre-marking of exhibits. If exhibits are too
(Attorney must counsel shall name advance
numerous to be marked within such 30 minute period,sign above and typemakebelow)
arrangements with the reporter for pre-marking of exhibits. Except for matters arising
Attorney(s) for
during trial which could not reasonably have been foreseen, all exhibits shall be
marked prior to the commencement of trial.
G.
COPIES OF EXHIBITS: The party marking an exhibit shall furnish a copy of the
Office and P.O. Address
exhibit for reference by the trial judge during the trial. If numerous exhibits are
5
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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contemplated, such copies shall be placed in :a three-ring binder indexed by exhibit
JUDICIAL SUBPOENA
Plaintiff(s)
number. -against9.
:
STIPULATIONS:
A.
:
During the pretrial conference, with the approval of the court, the respective counsel
:
for all of the parties stipulated on behalf of their respective clients as follows:
Defendant(s)
:
. . . . . . . . . . . . . . .(1). . . . The.parties. waive. all .objections. on .the listed exhibits identified by the letter
..
... ..... ..... .. ........ .. ..
“A” in the margin of the Schedules attached and stipulate that the same may be
admitted without objection upon offer by either party.
THE PEOPLE OF THE STATE OF NEW YORK
(2)
TO
The parties waive foundation on the listed exhibits identified by the letter “B”
in the margin of the Schedules attached and stipulate that the same may be
admitted without foundation, but reserve any other objection to them.
GREETINGS:
(3)
The parties reserve all objections on the listed exhibits identified by the letter
“C” in the margin of the Schedules attached.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
^.
,
the Honorable (4)
at the
Court
located at
County of
B.
The stipulations (as amended by interlineation by the court if any appear) in
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,Schedule(s) ^give evidence as a witness in this action on the part of the
to testify and attached hereto are incorporated by reference.
C.
The parties previously stipulated in the telephone progression conference (see
Progression Order) that:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf^. subpoena was issued for a maximum penalty of $50 and all damages sustained as a
this
(1)
result of your failure to comply.
10.
TRIAL PROCEDURES: After discussion between the court and counsel, it was determined
Witness, Honorable
that:
Court in
A.
County,
, one of the Justices of the
day of
, 20
RECORD REQUESTS: No “omnibus” request for verbatim record has been made
pursuant to Supreme Court Rule 5A(2) of Practice and Procedure, and any trial
(Attorney must sign above
proceeding for which a record is desired and not mandated by and type name below)
Supreme Court Rule
5A(1) of Practice and Procedure shall be specifically requested by counsel at the time
Attorney(s) for
of such proceeding.
B.
WITNESS SEQUESTRATION: Witness sequestration pursuant to Rule 615 is
waived.
C.
Office and P.O. Address
WITNESS SEQUESTRATION: Pursuant to the request of a party under Rule 615,
witnesses shall be excluded from the courtroom during the testimony of other
6
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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witnesses so that excluded witnesses cannot :hear the testimony of other witnesses.
JUDICIAL SUBPOENA
Plaintiff(s)
The parties and their respective attorneys are further prohibited from directly or
-against:
indirectly communicating the content of a witness’s trial testimony to any other
:
witness.
D.
:
VIDEOTAPE DEPOSITIONS: Unless otherwise stated on the deposition record at
Defendant(s)
:
. . . . . . . . . . . . . . .the .commencement.of. such deposition.and. which shall be called to the court’s attention
.. ............ . ............. .. ....
upon the offer thereof, any videotaped deposition:
(1)
shall have the videotape marked as an exhibit by the official court reporter,
THE PEOPLE OF THE STATE OF NEW YORK
and shall also have a written transcript thereof marked as a related exhibit,
TO
both of which exhibits shall be offered into evidence for purposes of the
record only and shall not go to the jury; and,
GREETINGS:
(2)
may be played to the jury without the concurrent taking down by the official
court reporter of the played content thereof.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
E.
,
the Honorable PERMISSION TO APPROACH: Counsel may approach a witness without requesting
at the
Court
located at
County of
advance permission from the court where it is obvious that the purpose of approaching
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,relates to and give evidence as a witness in this Counsel may part of the the official court
to testify examination concerning an exhibit. action on the approach
reporter without requesting advance permission from the court where it is obvious that
the purpose of approaching relates to the marking or retrieving of an exhibit.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximumaddress parties,and all damages sustained as a
F.
USE OF COURTESY TITLES: Counsel shall penalty of $50 witnesses, and each
result of your failure to comply.
other in a formal manner, with the appropriate title (Mr., Mrs., Ms., Dr., etc.).
Witness, Honorable
, one of the judge’s chambers
G.
JUDGE’S CHAMBERS: During the trial, counsel shall not enterthe Justices of the
Court in
County,
day of
, 20
unless accompanied by opposing counsel.
H.
ITEMIZATIONS OF COSTS: All itemizations of costs shall be submitted no later
(Attorney at the above and type name trial.
than the submission of the matter to the trier of factmust signconclusion of the below)
11.
ISSUES: After discussion between the court and counsel, it was determined that the pleadings
Attorney(s) for
adequately state the issues to be tried.
12.
ISSUES:
A.
IDENTIFIED ISSUES: After discussion between the court and counsel, the issues
Office and P.O. Address
listed in Schedule(s) ^ attached were determined to be the legal and factual issues.
7
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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Index No.
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:
IDENTIFIED ISSUES: After discussion between the court and counsel, the following
JUDICIAL SUBPOENA
Plaintiff(s)
were determined to be the legal and factual issues:
-against:
(1)
(2)
C.
^.
^.
:
:
ADDITIONAL ISSUES: The parties are allowed until ^ to add additional issues to
Defendant(s)
:
. . . . . . . . . . . . . . .the .issue .list. by. filing. with .the. court, .and. mailing to the other parties, a list of any
.. .... .. .. .... .... .. ..... .. ...
additional legal or factual issues that the party maintains exists.
D.
ISSUES LIMITED: The issues for trial are limited to the issues identified above and,
THE PEOPLE OF THE STATE OF NEW YORK
to that extent, supersede all of the pleadings identified above.
TO
E.
ISSUES SUPPLEMENTED: The issues for trial identified above shall supplement
the pleadings identified above, but do not preclude any other issues properly raised
GREETINGS:
13.
by the pleadings.
PRETRIAL MOTIONS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
A.
,
the Honorable The parties shall be allowed to file the following pretrial motions after the date of this
at the
Court
located at
County of
pretrial conference: ^.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,Alltestify motions shall be filed witness in this^, and noticedpartcompliance with Rule
to such and give evidence as a on or before action on the in of the
B.
8-3 (and, if applicable, Rule 8-4) for hearing on or before ^.
C.
No other pretrial motions, including, without limitation, motions for summary judgment
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this in limine, was issued for a maximum considered$50 and upon showing of
and motions subpoena shall be hereafter filed or penalty of except all damages sustained as a
result of your failure to comply.
good cause.
14.
Court in
Witness, Honorable
one of the pretrial motions,
PRETRIAL MOTIONS: Neither party desires to file any ,additional Justices of the
County,
day of
, 20
including, without limitation, motions for summary judgment and motions in limine, and none
shall be hereafter filed or considered except upon showing of good cause.
15.
(Attorney must sign above and type name below)
TRIAL BRIEFS:
A.
All trial briefs shall be submitted to the Judge (not filed with the clerk; see Uniform
Attorney(s) for
District Court Rule 5B) in sufficient time that the same shall be received by the Judge
at least 10 days prior to trial. Copies shall be served on opposing counsel.
B.
The court’s preferences for delivery are:
8
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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......... ..
:
:
(1st)
(2nd)
Index No.
Calendar No.
:
by electronic mail (as attachment of word processing file, prefer WordPerfect
JUDICIAL SUBPOENA
Plaintiff(s)
format) to Internet address — cassel08@nol.org (note that 08 following
-against:
cassel are numeric while all others are alphabetic);
:
on 3.5" floppy diskette (prefer WordPerfect format) by personal delivery or
by mail to P.O. Box 105, Ainsworth, NE : 69210-0105;
(3rd) hard copy by personal delivery or by mail to P.O. Box 105, Ainsworth, NE
Defendant(s)
:
......................................................
69210-0105.
16.
OBJECTIONS: The parties are allowed ten (10) days from the mailing of a copy of this
order to THE to file OF NEW YORK
THE PEOPLE OF them STATEwritten objections to this order with the court clerk. A hearing will be
held on any objections as noticed for hearing in compliance with Rule 8-3. Any objection not
TO
noticed for hearing in compliance with Rule 8-3 may be denied without a hearing.
Signed ^in chambers at ^Ainsworth, Nebraska, on ^;
DEEMED ENTERED upon file stamp date by court clerk.
BY THE COURT:
GREETINGS: court clerk shall:
If checked, the
[X]
Mail a copy of this order, with all attachments, to all counsel of record and any pro se
WE COMMAND YOU, that all business and excuses
parties.
Done on
Honorable _____________, 20_______ by _________.
at the
being laid aside, you and each of you attend before
,
the
Court
[ ] Note
located Signed “Pretrial Order”
County ofthe decision on the trial docket as: [date of filing]at
entered; case assigned for trial at Trial Session No. [number from order].
in room Done on _____________, 20_______ by _________.
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action onB. Cassel the
the part of
William
District Judge
Mailed to:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
9
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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