Good morning mcaps-ga!
Regarding your request for information on serving a sworn affidavit, I
am providing you the following information:
In order to obtain a sworn affidavit or testimony from an individual
(witnesses or the Defendant) of any particular case, you must serve
him with a Notice of Deposition (also referred to as ?Notice of
Deposition Pursuant to Subpoena Duces Tecum?) If the person you are
deposing lives in another state, you may do a deposition via telephone
conference. A deposition is produced in a written format to which a
sworn affidavit is signed by the deposed.
A Deposition is ?a witness?s out-of-court testimony that is reduced to
writing (usually by a court reporter) for later use in the court or
for discovery purposes.?
A subpoena Duces Tecum is a subpoena ordering the witness to appear
and bring specific documents or records.
Source:
Black?s Law Dictionary by Bryan A. Garner, Editor in Chief, Westgroup, 2001
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The original Notice of Deposition is filed with the court. A copy is
then served on opposing counsel, either by certified mail, or in
person.
A reasonable time, usually 3 day, must be allowed between the time the
notice is served and the time of the deposition is taken (not counting
Sundays and travel time, if any, of the person being deposed).
Permission of the court is required for Plaintiff if depositions are
to be taken prior to the expiration of 30 days after the service of
summons.
Source:
Legal Secretary?s Handbook, Nebraska State Bar Association, 2002
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Rule 5.2 of the Local Rules of the United States District Court of the
District of Massachusetts states ?Service of all pleadings subsequent
to the original complaint and all other papers to be served shall be
made in the manner specified by Rule 5, Federal Civil Procedures.
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PROOF OF SERVICE
Except as otherwise provided by the Federal Rules of Civil Procedure,
proof of service of all pleadings and other papers to be served
(except discovery papers that in accordance with Rule 33-36(f) are not
to be filed) shall be filed in the office of the clerk promptly after
service has been made. The proof shall show the time and manner of
service, and be made in written acknowledgment of service, a
certificate of a member of the bar of this court, or an affidavit of
the person who served the papers.
A certificate of service of a member of the bar shall appear at the
bottom of or on the margin of the last page of the paper to who it
relates. The certificate shall be brief, single-spaced statement that
may be in the following form:
***
I hereby certify that a true copy of the above document was served
upon (each party appearing pro se and) the attorney of record for each
other party by mail (by hand) on (date) (signature).
***
On or after the effective date of these local rules, documents not
conforming to the requirements of this rule (except notices of appeal)
shall be returned by the clerk.
Failure to make proof of service does not affect the validity of the service.
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SERVICE ON NONRESIDENT ATTORNEY OR PARTY ACTING PRO SE
Party acting pro se: On application of a party, the court may order
any other party who is appearing without an attorney and who does not
maintain an office or residence within the district where service can
be made on him by delivering as provided by Rule 5(b) of the Federal
Rules of Civil Procedure, to designate and address within the district
as which service can be made on him by delivery.
( http://www.mad.uscourts.gov/Inet/Web-HMC/localrules/combined01.pdf )
So, this explains how to go about getting your "sworn affidavit or
testimony regarding a civil case.? As always, I am not a lawyer, and
as well as I can quote the law, I always recommend checking with a
lawyer to make sure, before you start any proceedings. Many legal
services (Such as the ones in the comment section) will provide an
initial consultation, free of charge for the first visit ad let you
know if you are on the right path.
If this answer requires further explanation, please request
clarification before rating it, and I will be happy to look into this
further.
Nenna-GA
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