Sec. 6. (a) To request issuance of a
subpoena under this chapter that is based on a
foreign subpoena, a party must submit the foreign
subpoena to the
clerk of the court in the county in which
discovery is sought to be conducted in Indiana. A request for the issuance of a subpoena under this chapter does not constitute an appearance in a court of this
state.
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Terms Used In Indiana Code 34-44.5-1-6
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Indiana Code 34-44.5-1-2
- person: means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Indiana Code 34-44.5-1-3
- state: means any of the following:
Indiana Code 34-44.5-1-4
- Subpoena: A command to a witness to appear and give testimony.
- subpoena: means a document, however denominated, issued under authority of a court of record that requires a person to:
Indiana Code 34-44.5-1-5
(b) When a party submits a foreign subpoena to the clerk of a court in Indiana, the clerk, in accordance with the court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena issued under subsection (b) must:
(1) incorporate the terms used in the foreign subpoena; and
(2) contain or be accompanied by the names, addresses, and telephone numbers of the following:
(A) All counsel of record in the proceeding to which the subpoena relates.
(B) Any party not represented by counsel.
As added by P.L.57-2010, SEC.1.