A subpoena duces tecum is a court-issued command to appear and to bring or permit inspection of documents or things, and this version is the form used in the Delaware Court of Common Pleas, captioned "in and for New Castle County." The attorney for the plaintiff or defendant completes and signs it, and it includes a Proof of Service and a Declaration of Server. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official form is published by the Delaware Courts at courts.delaware.gov.
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What is Subpoena Duces Tecum (English) – Delaware?
Subpoena Duces Tecum (English) is the Delaware Court of Common Pleas form that commands a named person to testify, to take part in a deposition, to produce documents or objects for inspection and copying, or to permit inspection of premises in a pending civil case.
The form carries the case caption for the Court of Common Pleas of the State of Delaware, in and for New Castle County, with the Plaintiff, the Defendant and a C. A. No. beginning CPU4-. It then offers four separate commands, each with its own place, date and time: testimony in court, testimony at a deposition, production of documents or objects, and inspection of premises.
A note printed on the form says that any organization that is not a party to the suit and is subpoenaed for a deposition must designate one or more officers, directors, managing agents or other persons who consent to testify on its behalf, and may list the matters on which each will testify, citing Court of Common Pleas Civil Rule 30(b)(6). An asterisk after the title leads to a line stating that the person's appearance is waived if the information or documents are produced on or before a date entered by the issuer.
The back of the form reproduces Court of Common Pleas Civil Rule 45, Parts C, D and E, which cover protection of persons subject to subpoenas, duties in responding and contempt. The form also contains a Proof of Service and a Declaration of Server, signed under penalty of perjury under Delaware law.
Who needs to file Subpoena Duces Tecum (English) – Delaware?
The main user is the issuing party: the form is signed by the attorney for the plaintiff or the defendant, so it is used by the attorney who needs testimony, a deposition, documents or a premises inspection from a person or organization in a case in the Court of Common Pleas. The caption names New Castle County, so the form is written for cases filed there.
Other people deal with the form as follows:
- The person named on the TO line receives the subpoena and must respond. Rule 45(c)(2)(A), printed on the form, says a person commanded only to produce and permit inspection need not appear in person at the place of production unless commanded to appear for a deposition, hearing or trial.
- A non-party organization subpoenaed for a deposition designates the officers, directors, managing agents or other persons who will testify for it under Civil Rule 30(b)(6).
- The server is the person who delivers the subpoena and completes the Proof of Service and the Declaration of Server.
When to file Subpoena Duces Tecum (English) – Delaware
Use the form when you need a person or organization to testify, sit for a deposition, produce documents or objects, or allow a premises inspection in your pending case. It sets no filing deadline of its own: each command carries the date and time that the issuer enters.
Timing rules printed on the form's Rule 45 pages matter to both sides. A person commanded to produce and permit inspection and copying may serve a written objection within 14 days after service of the subpoena, or before the time specified for compliance if that time is less than 14 days after service. On timely motion, the Court shall quash or modify a subpoena that fails to allow reasonable time for compliance. If the issuer enters a date on the asterisk line, the person's appearance is waived when the information or documents are produced on or before that date.
How to fill out Subpoena Duces Tecum (English) – Delaware
Enter the case caption
Write the names of the Plaintiff and the Defendant and complete the C. A. No. CPU4- line so the subpoena matches your case in the Court of Common Pleas, New Castle County.
Name the person subpoenaed
On the TO: line, enter the name of the person or organization commanded to appear or produce.
Complete the testimony command
If the person must testify in court, enter the PLACE OF TESTIMONY or courtroom and the DATE AND TIME.
Complete the deposition command
If the person must testify at a deposition, enter the PLACE OF DEPOSITION and the DATE AND TIME.
Describe documents or objects to produce
For production and inspection and copying, list the documents or objects and enter the place, date and time. Keep the demand within reasonable burden, as Rule 45(c)(1) requires.
Complete the premises inspection
If you need to inspect premises, enter the PREMISES and the DATE AND TIME of the inspection.
Set the appearance waiver date
On the line under the asterisk, enter the date on or before which producing the information or documents waives the person's appearance.
Sign as the issuing party
The attorney for the plaintiff or defendant signs the ISSUING PARTY'S SIGNATURE AND TITLE block, states whom the attorney represents, and enters the DATE:.
Complete the Clerk of Court line
Enter the date on the line for the Clerk of Court at the foot of the subpoena.
Fill in the Proof of Service
After service, the server enters the SERVED date and place, SERVED ON (PRINT NAME), MANNER OF SERVICE, SERVED BY (PRINT NAME) and TITLE.
Complete the Declaration of Server
The server enters the date executed, signs, and gives the ADDRESS OF SERVER, confirming the Proof of Service is true and correct under penalty of perjury.
Review, sign and download the PDF
Check names, dates, times and places against your case file, then download or print the completed PDF from FillingPDF and serve it as described under How to submit.
How to submit Subpoena Duces Tecum (English) – Delaware
The form names no filing address, online portal or fee. It works by service: the subpoena is delivered to the person on the TO line, and the person who serves it completes the Proof of Service.
- Issue it. The attorney for the plaintiff or defendant signs and dates the ISSUING PARTY'S SIGNATURE AND TITLE block. The form also has a line for the date and the Clerk of Court.
- Serve it. On the Proof of Service, the server records the date and place served, the person served, the manner of service, and the server's own name and title.
- Declare it. The server completes the Declaration of Server with the date executed, signature and address, confirming under penalty of perjury under Delaware law that the Proof of Service is true and correct.
- Responses. Any written objection goes to the party or attorney designated in the subpoena, as Rule 45(c)(2)(B) printed on the form describes.
Other Court of Common Pleas forms are listed on the Delaware Courts forms page at https://courts.delaware.gov/forms/list.aspx. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the Plaintiff, Defendant or C. A. No. lines of the caption blank, so the subpoena does not identify the case it belongs to.
- Entering a compliance date that gives too little time; Rule 45(c)(3)(A) says the Court shall quash or modify a subpoena that fails to allow reasonable time for compliance.
- Issuing a subpoena that imposes undue burden or expense; Rule 45(c)(1) allows the Court to impose a sanction on the party or attorney, including lost earnings and a reasonable attorney's fee.
- Sending the form without the issuing attorney's signature, title and date in the ISSUING PARTY'S SIGNATURE AND TITLE block.
- Leaving the date blank on the asterisk line, so the person cannot tell by when producing information or documents waives the appearance.
- Subpoenaing a non-party organization for a deposition without allowing for a Rule 30(b)(6) designation of the persons who will testify for it.
- Withholding documents as privileged without saying so expressly; Rule 45(d)(2) requires the claim to be made expressly with a description of what is withheld.
- Returning the Proof of Service without the Declaration of Server: date executed, signature and address of the server.
Frequently asked questions
What is a subpoena duces tecum?
A subpoena duces tecum commands a person to produce documents or objects, and this Delaware Court of Common Pleas form can also command testimony, a deposition appearance or a premises inspection. It is issued by the attorney for the plaintiff or defendant in the pending case.
Can I fill out the Delaware subpoena duces tecum online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Delaware Courts and does not issue, serve or file the subpoena; the form is served through the channels described on this page.
Who signs a subpoena duces tecum in the Court of Common Pleas?
The issuing party's attorney signs. The signature block reads Attorney for plaintiff or defendant, with a title line and a date. The form has no signature line for a party without an attorney, so ask the court how to proceed.
How long do I have to object to a subpoena for documents?
Rule 45(c)(2)(B), printed on the form, allows a written objection within 14 days after service, or before the compliance time if that is less than 14 days after service. Serve the objection on the party or attorney named in the subpoena.
Do I have to appear in person if I only need to produce documents?
Not necessarily. Rule 45(c)(2)(A) says a person commanded only to produce and permit inspection need not appear at the place of production unless also commanded to appear for a deposition, hearing or trial. The asterisk line may also waive appearance if you produce by the stated date.
What happens if someone ignores the subpoena?
Rule 45(e), printed on the form, says failure to obey a served subpoena without adequate excuse may be deemed a contempt of court. A person who believes the subpoena is improper can object or move to quash instead of ignoring it.
What is the Rule 30(b)(6) note on the form?
It says a non-party organization subpoenaed for a deposition must designate one or more officers, directors, managing agents or other consenting persons to testify for it. The organization may also state the matters on which each designated person will testify.
Who completes the Proof of Service?
The person who serves the subpoena. The server records the date and place of service, who was served, the manner of service and the server's name and title, then signs the Declaration of Server stating the information is true under penalty of perjury.
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