duces tecum


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Duces Tecum

[Latin, Bring with you.] Commonly called a Subpoena Duces Tecum, a type of legal writ requiring one who has been summoned to appear in court to bring some specified item with him or her for use or examination by the court.

A person served with a subpoena duces tecum might be required to present documents, such as business records or other pieces of physical evidence, for the inspection of the court.

duces tecum

‘bring with you’, a form of subpoena.

DUCES TECUM, practice, evidence. Bring with thee. A writ commonly called a subpoena duces tecum, commanding the person to whom it is directed to bring with him some writings, papers, or other things therein specified and described, before the court. 1 Phil. Ev. 886.
     2. In general all papers in the possession of the witness must be produced; but to this general rule there are exceptions, among which are the following: 1. That a party is not bound to exhibit his own title deeds. 1 Stark. Ev. 87; 8 C. & P. 591; 2 Stark. R. 203; 9 B. & Cr. 288. 2. One who has advanced money on a lease, and holds it as his security, is not bound to produce it. 6 C. & P. 728. 3. Attorneys and solicitors who hold the papers of their clients cannot be compelled to produce them, unless the client could have been so compelled. 6 Carr. & P. 728. See 5 Cowen, R. 153, 419; Esp. R. 405; 11 Price, R. 455; 1 Adol. & Ell. 31; 1 C. M. & R. 38 1 Hud. & Brooke, 749. On the question how far this clause is obligatory on a witness, see 1 Dixon on Tit. Deeds, 98, 99, 102; 1 Esp. N. P. Cas. 405; 4 Esp. N. P. C. 43; 9 East, Rep. 473.

References in periodicals archive ?
To this end, the pre-referral subpoena duces tecum will prove to be a useful instrument for obtaining less controversial evidence, such as bank records and financial data, by insulating civilian institutions from liability.
poena duces tecum leads to 'the compulsory production of private
tapes were also specifically identified in the subpoena duces tecum, as
In 1997, the Eighth Circuit directly addressed the issue of a governmental attorney-client privilege in the federal grand jury context in In re Grand Jury Subpoena Duces Tecum.
A subpoena duces tecum is not a substitute for an unlawful warrantless search and seizure (i.
Virtually every custodian who complies with a subpoena duces tecum, must use his or her mind to sort out the files and to cull and organize documents.
1990) (same); In re Grand Jury Subpoenas Duces Tecum (Larson), 904 F.
Often, however, an attorney for the opposing party either responds to a refusal with a subpoena duces tecum, or simply sends such a subpeona without a prior informal request.
On May 28, 2015, the Company announced in an Securities and Exchange Commission (SEC) filing that, "on May 21, 2015, it received a Subpoena Duces Tecum ("Subpoena") issued by the U.
G) all information necessary for the proper issuance and execution of a subpoena duces tecum.
CASK FACTS: This ease involves a petition for writ of certiorari filed by Miami Children's Hospital (Miami Children's) to quash an order denying Miami Children's motion for a protective order and motion to quash a subpoena duces tecum on grounds that the orders of the lower court violate mandatory presuit screening requirements.
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).