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Motion to Compel Non-Party's Compliance with Subpoena Deuces Tecum or a Motion for an Order to Show Cause?

Phoenix, AZ |

Plaintiff in an Arizona civil case (for personal injury) properly served an out of state non-party (through their registered Arizona statutory agent) with a subpoena deuces tecum to produce documents only. The out of state non-party completely ignored the subpoena and also did not file any objection with the court as to why they ignored the subpoena. Is Plaintiff better off filing a Motion for an Order to show Cause for contempt, or a Motion to Compel the out of state non-party to comply with producing the documents? Can the court penalize this out of state non-party in any way since the party is out of state?

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Attorney answers 1


Motion to Compel



If I file a Motion to Compel Non-Party Compliance, do you think I should serve the Motion once it's filed, or only serve the Court's ruling on it since they are non-party? In other words, would the out of state non-party be able to file a response to the motion to compel?