Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
What Is a Court-Ordered Subpoena?
A subpoena is a legal document that orders a person or entity to produce documents or testify under oath. In Wisconsin probate proceedings, you often use a subpoena duces tecum to gather estate records from banks, title companies or other record holders.
Step 1: Identify the Proper Court and Jurisdiction
Estate matters fall under Wisconsin’s circuit courts in the county where the decedent lived at death. Locate the probate docket number for the estate. If the estate is already open, you will attach your subpoena request to that case.
Step 2: Draft the Subpoena
Create the subpoena form according to Wis. Stat. § 885.01. Include:
- Name of the court (e.g., Wisconsin Circuit Court, Dane County)
- Estate case number and name (e.g., In the Matter of the Estate of John Doe, Deceased)
- Name and address of the record holder you are subpoenaing
- Description of the documents you need (e.g., all bank statements from January 2020 through December 2022)
- Date, time and place for production or deposition
Link to form requirements: Wis. Stat. § 885.01.
Step 3: Serve the Subpoena
Under Wis. Stat. § 885.03, you must serve the subpoena at least 5 days before the return date. Service methods include:
- Personal delivery by a non-party over age 18
- Certified mail with return receipt requested
Link: Wis. Stat. § 885.03.
Step 4: Comply with Objections and Motions
If the record holder objects, they must file a motion to quash or modify. You can oppose that motion by explaining why the records are relevant to estate administration, such as locating assets or verifying account balances.
Step 5: Use the Records in Court
Once you receive the records, review them for completeness. File a proof of service or return with the court. Attach copies of the records to any petition or motion that relies on them, such as a petition to settle the estate or resolve creditor claims.
Helpful Hints
- Confirm the estate’s case number and county clerk’s mailing address before drafting the subpoena.
- Be specific in the document descriptions to avoid objections for overbreadth.
- Keep detailed proof of service to prevent delays in probate proceedings.
- Retain copies of all documents you receive for your own records and for submission to the court.
- Check local county court rules for any additional subpoena requirements or filing fees.
- If an opposing party moves to quash, consider narrowing your request rather than abandoning it entirely.