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Subpoena Duces Tecum
Pursuant to Act No. 824 of the 2008
Regular Legislative Session, effective January 1, 2009, the following
language is required to appear on the form:
Art. 1354. Subpoena duces tecum
A. A subpoena may
order a person to appear and/or and produce at the trial, deposition, or
hearing, books, papers, documents, or any other tangible things, or
electronically stored information, in his possession or under his
control, if a reasonably accurate description thereof is given;. A
subpoena may specify the form or forms in which electronically stored
information is to be produced. A party or an attorney requesting the
issuance and service of a subpoena shall take reasonable steps to avoid
imposing undue burden or cost on a person subject to that subpoena. but
the court in which the action is pending in its discretion may vacate or
modify the subpoena if it is unreasonable or oppressive. Except when
otherwise required by order of the court, certified copies, extracts, or
photostatic copies of books, papers, and documents may be produced in
obedience to the subpoena duces tecum instead of the originals thereof.
If the party or attorney requesting the subpoena does not specify that
the named person shall be ordered to appear, the person may designate
another person having knowledge of the contents of the books, papers,
documents, or other things, or electronically stored information, to
appear as his representative.
B. A person
commanded to respond to a subpoena duces tecum may within fifteen days
after service of the subpoena or before the time specified for
compliance, if such time is less than fifteen days after service, send
to the party or attorney designated in the subpoena written objections,
with supporting reasons, to any or all of the requests, including
objection to the production of electronically stored information in the
form or forms requested. If objection is so made, the party serving the
subpoena may file a motion to compel compliance with the subpoena and
may move for sanctions for failure to reasonably comply.
C. A person
responding to a subpoena to produce books, papers, or documents shall
produce them as they are kept in the usual course of business or may
organize and label them to correspond with the categories in the demand.
D. If a subpoena
does not specify the form or forms for producing electronically stored
information, a person responding to a subpoena may produce the
information in a form or forms in which the person ordinarily maintains
it or in a form or forms that are reasonably useable.
E. A person
responding to a subpoena need not produce the same electronically stored
information in more than one form.
F. A person
responding to a subpoena need not produce books, papers, documents, or
electronically stored information from sources that the person
identifies as not reasonably accessible because of undue burden or cost.
On motion to compel production or to quash, the person from whom
production is sought shall show that the information sought is not
reasonably accessible because of undue burden or cost. If that showing
is made, the court may nonetheless order production from such sources if
the requesting party shows good cause. The court may specify conditions,
including an allocation of the costs, for the production.
G. When the person
subpoenaed is an adverse party, the party requesting the subpoena duces
tecum may accompany his request with a written request under oath as to
what facts he believes the books, papers, documents, electronically
stored information, or tangible things will prove, and a copy of such
statement must shall be attached to the subpoena. If the party
subpoenaed fails to comply with the subpoena, the facts set forth in the
written statement shall be taken as confessed, and in addition the party
subpoenaed shall be subject to the penalties set forth in Article 1357.
H. Subpoenas duces
tecum shall reproduce in full the provisions of this Article.
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