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.