Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Louisiana for guidance specific to your situation.
Detailed Answer
In Louisiana, a subpoena duces tecum (court-ordered subpoena to produce records) allows interested parties to obtain estate records, such as bank statements, wills, inventories or accountings, from third parties. The process follows the Louisiana Code of Civil Procedure and Louisiana Revised Statutes governing successions.
1. Identify the Proper Court and Parties
If you are an heir, executor, creditor or other interested person in a succession, you must file in the district court handling the estate. Filing in the correct parish (county) avoids delays. You must list your name, address, relationship to the estate and the records you seek.
2. Draft the Subpoena Duces Tecum
Under La. Code Civ. Proc. art. 1452 (Art. 1452 Issuance of subpoena), the subpoena must:
- Name the court issuing it.
- Name the person or entity to whom it is directed.
- Describe with reasonable particularity the documents or records you request.
- State the time and place for production.
3. Obtain Court Signature and Seal
File the proposed subpoena with the clerk of court and pay any required fee. The clerk or judge will sign and seal the subpoena under La. Code Civ. Proc. art. 1454 (Art. 1454 Power of court to compel attendance and production).
4. Serve the Subpoena Properly
Serve the subpoena on the record custodian (e.g., bank officer, registrar) at least 10 days before the production date, unless the court orders otherwise. Service must comply with La. Code Civ. Proc. art. 1459, typically by personal delivery by a sheriff or authorized process server.
5. Motion to Quash or Modify
The record holder may object or move to quash within 5 days after service under La. Code Civ. Proc. art. 1465 (Art. 1465 Motion to quash). Grounds include undue burden or relevance objections. The court will hold a hearing if needed.
6. Document Production and Inspection
On the return date, the custodian must bring the requested records to the courthouse. You may inspect, copy or photograph them. If the custodian fails to comply, you may file a contempt motion under La. Code Civ. Proc. art. 1471.
7. Use of Produced Records in the Succession
Once obtained, attach the records as evidence in succession proceedings (e.g., for accounting, inventory or will probate). Under La. Rev. Stat. § 9:3321 (Succession inventories and accountings), your court can order additional relief based on new evidence.
Helpful Hints
- Confirm the estate’s case number before drafting your subpoena.
- Be specific: identify dates, account numbers or document titles to avoid objections.
- Check local parish rules; some clerks require standardized forms.
- Serve early to allow time for objections and court rulings.
- Keep copies of all filings, service receipts and correspondence.
- If you hit obstacles, consult a succession attorney promptly.