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Thyden Gross and Callahan LLPCounselors and Attorneys at Law



Maryland Divorce Legal Crier

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Archive for January, 2012

Abraham Lincoln, Divorce Lawyer

Wednesday, January 25th, 2012

Lincoln is one of my heroes.  I’ve quoted him in some of my pleadings.

But who knew he was a divorce lawyer?

The Wall Street Journal Law Blog says that Lincoln and his law partners handled 131 divorces between 1837 and 1861.

Subpoena Ad Testificandum and Duces Tecum

Friday, January 20th, 2012

Horace Reed joined the 5:00 am club this morning.   He did his 100 pushups in fast sets of 25 each and then  one more perfect one for good measure.

“I bet opposing counsel didn’t do that this morning!” he thought to himself as he drank his morning coffee.

Depositions were set for 10:00 and Horace was ready.  He met his client in the lobby of opposing counsel’s building.  “Any tips for my deposition?’ the client asked.

Horace smiled and said, “No we weren’t served with a subpoena ad testificandum.  It was a subpoena duces tecum.”

“Speak English, please.  I don’t understand lawyer talk.  What are those things?”

As they entered the elevator and pushed the buttons, Horace said, “A subpoena ad testificandum is a paper that requires a person to appear and give testimony at a certain time and place, commanding him or her to put aside all pretense and excuses.”

“And the other one? ”

“A subpoena duces tecum is a paper that requires a person to testify and bring certain papers with him that matter to the case.  In fact, usually the purpose is just to get the documents and when they are produced the deposition is canceled.”

“Why wasn’t this deposition canceled then?”

“I guess they didn’t think they got all the papers they wanted from you,” Horace said as the elevator doors opened and they stepped into opposing counsel’s suite.

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