Define: Subpoena Duces Tecum

A subpoena duces tecum is a legal document issued by a court, administrative agency, or attorney requiring a person to produce specific documents, records, or tangible evidence for use in a legal proceeding.

While a regular subpoena compels a person to testify or provide testimony in a legal proceeding, a subpoena duces tecum specifically requires the production of documents, records, or other tangible items.

A subpoena duces tecum can be issued by a court, administrative agency, or attorney representing a party in a legal proceeding, depending on the jurisdiction and the rules governing subpoenas.

Documents that can be requested in a subpoena duces tecum may include contracts, emails, financial records, medical records, correspondence, photographs, videos, or any other relevant evidence.

A subpoena duces tecum is typically served on the person or entity required to produce the documents, either personally or by certified mail, in accordance with the rules of civil procedure or other applicable laws.

If the recipient fails to comply with a subpoena duces tecum, they may be subject to contempt of court proceedings, fines, or other sanctions imposed by the issuing authority.

Yes, recipients of a subpoena duces tecum can raise objections to the production of certain documents, such as asserting privilege, relevance, burdensomeness, or other legal grounds for non-compliance.

Documents should be produced in the format specified in the subpoena duces tecum, typically by providing copies of the requested records or allowing inspection of the original documents.

Yes, recipients of a subpoena duces tecum can challenge the subpoena in court by filing a motion to quash or modify the subpoena, seeking relief from compliance based on legal or procedural grounds.