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 ?
The subpoena duces tecum, on the other hand shall contain a reasonable description of the books, documents or things demanded which must be relevant to the investigation.
Failure to comply with the subpoena and subpoena duces tecum shall authorize the filing of a case for indirect contempt under the Rules of Court with the regional trial court,' the law provides.
In contemplating the relevance and extent of the disclosure/discovery demanded in a subpoena duces tecum, one must first look to CPLR [section] 3101 for guidance and instruction.
section] 847 to permit the issuance of a subpoena duces tecum for investigations to bring military practice into conformity with "federal criminal procedure" where prosecutors have access to federal grand jury subpoenas.
grand jury subpoenas duces tecum, and discusses the tests courts use to
Florida courts have held that a subpoena duces tecum is less intrusive than a search warrant.
The Senate bill alone provides that the order may be no more sweeping than a grand jury subpoena duces tecum issued in the context of an espionage or international terrorism investigation (i.
Nurse Chapman filed a court petition seeking to compel the hospital to produce the medical records in question described in a Subpoena Duces Tecum (SDT) served on the hospital commanding that the hospital produce the records for the administrative hearing.
In early 2001, the District Attorney served Grand Jury subpoenas duces tecum on 23 hospitals, including four facilities operated by the New York City Health and Hospitals Corporation (HHC).
To create a complete dossier would require a court-ordered subpoena duces tecum that would give authorities access to all the records at these disparate locations to put together a profile.