• SUBPOENA FOR APPEARANCE

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  • IN THE JUSTICE COURT OF SPARKS TOWNSHIP

    COUNTY OF WASHOE, STATE OF NEVADA

  • THE STATE OF NEVADA

    Plaintiff,

    vs.

          

    Defendant,

  • THE STATE OF NEVADA TO (insert witness name, address, and telephone number):
       
       
       
       
       

    YOU ARE ORDERED TO APPEAR before the Sparks Justice Court, County of Washoe, State of Nevada, located at 1675 E. Prater Way, Sparks, Nevada 89434, on   Pick a Date at  to provide testimony regarding the civil infraction citation issued to defendant  on   Pick a Date. See NRS 484A.7041(4) and JCRCP 45.

    WITNESS FEES: You are entitled to witness fees and mileage traveled, as provided by NRS 50.225. This Subpoena must be accompanied by the fees for one day’s attendance and mileage ($0.585/mile), unless issued on behalf of the State or a State agency. See JCRCP 45(b).

    CONTEMPT: Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court, JCRCP 45(e), punishable by a fine not exceeding $500 and imprisonment not exceeding 25 days. See NRS 22.100(2), 74.040.

    Additionally, a witness disobeying a subpoena shall forfeit to the aggrieved party $100 and all damages sustained as a result of the failure to attend, and a warrant may issue for the witness’ arrest. See also NRS 50.195, 50.205, and 22.100(3). Please see the attached Exhibit "A" for information regarding your rights and responsibilities relating to this Subpoena.  


    Submitted by: I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.

    Pick a Date         


                                

  • EXHIBIT "A"

    JUSTICE COURT RULES OF CIVIL PROCEDURE 45

  • (c) Protection of Persons Subject to Subpoena.

         (1) A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney’s fee.

     

         (2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.

         (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permitinspection and copying may, within 14 days after service of the subpoena or before the time specified forcompliance if such time is less than 14 days after service, serve upon the party or attorney designated inthe subpoena written objection to inspection or copying of any or all of the designated materials or of thepremises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.

         (3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it

              (i) fails to allow reasonable time for compliance;

              (ii) requires a person who is not a party or an officer of a party to travel to a place morethan 100 miles from the place where that person resides, is employed or regularly transacts business inperson, except that such a person may in order to attend trial be commanded to travel from any suchplace within the state in which the trial is held, or

              (iii) requires disclosure of privileged or other protected matter and no exception or waiver applies, or

              (iv) subjects a person to undue burden.

         (B) If a subpoena

              (i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or

              (ii) requires disclosure of an unretained expert’s opinion or information not describingspecific events or occurrences in dispute and resulting from the expert’s study made not at the request ofany party, the court may, to protect a person subject to or affected by the subpoena, quash or modify thesubpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person towhom the subpoena is addressed will be reasonably compensated, the court may order appearance orproduction only upon specified conditions.

         (d) Duties in Responding to Subpoena.

              (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.

              (2) When information subject to a subpoena is withheld on a claim that it is privileged or subjectto protection as trial preparation materials, the claim shall be made expressly and shall be supported by adescription of the nature of the documents, communications, or things not produced that is sufficient toenable the demanding party to contest the claim.

         (e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

    [As amended; effective July 1, 2005.]

  • DECLARATION OF SERVICE

  • STATE OF NEVADA
    COUNTY OF      

  • I,   , being duly sworn, or under penalty of perjury, state that at all times herein I was and am over 18 years of age and not a party to or interested in the proceedings in which this Affidavit/Declaration is made; that I received a copy of the SUBPOENA in Case Number    on   Pick a Date; and that I served the same on    Pick a Date   , by delivering and leaving a copy with     at            

    Unless the subpoena was issued on behalf of the State or a State agency, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of $   .   

    I declare under penalty of perjury that this information is true and correct.

    Pick a Date      


             

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