A subpoena is a legal instrument that compels an individual to attend court or a tribunal. Failure to comply with a subpoena can result in penalties. Various types of subpoenas exist, such as a deposition subpoena that mandates an individual to provide a sworn statement outside of a trial, and a subpoena duces tecum that requires a witness to bring specific documents or items to court. Subpoenaing someone entails summoning them to court or instructing them to produce documents.
A deposition subpoena duces tecum is a legal order that compels a witness to attend a court or tribunal and bring specific documents, records, or items. The term “duces tecum” is derived from Latin and means “bring with you.” For instance, if an attorney needs certain documents from a company for a legal matter, they can issue a deposition subpoena duces tecum to a representative of the company. The representative would then be obligated to appear at a designated time and location with the requested documents. This type of subpoena differs from a regular deposition subpoena, which solely requires a witness to appear and provide testimony. The deposition subpoena duces tecum is utilised when particular documents or evidence are essential for a case.
A deposition subpoena duces tecum is a legal document that requires a person to appear at a deposition and bring specified documents or other tangible evidence with them.
A deposition subpoena duces tecum can be issued by an attorney or a court clerk on behalf of a party to a lawsuit.
Any relevant documents or tangible evidence that is related to the lawsuit can be requested, such as contracts, emails, financial records, and other relevant materials.
Yes, the recipient of a deposition subpoena duces tecum can challenge it by filing a motion to quash or modify the subpoena with the court.
If a person fails to comply with a deposition subpoena duces tecum, they may be held in contempt of court and face legal consequences.
Yes, a deposition subpoena duces tecum can be served on a non-party if their testimony or documents are relevant to the case.
The amount of notice required to issue a deposition subpoena duces tecum varies by jurisdiction, but it is typically at least 10 days.
Yes, the recipient of a deposition subpoena duces tecum is entitled to be compensated for their time and expenses, including travel and copying costs.
Yes, a deposition subpoena duces tecum can be withdrawn or modified by the party who issued it, with the agreement of the recipient or by court order.
The recipient of a deposition subpoena duces tecum should consult with an attorney to determine the appropriate response, which may include complying with the subpoena, challenging it, or negotiating with the issuing party.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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