subpoena duces tecum

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Subpoena Duces Tecum

[Latin, Under penalty to bring with you.] The judicial process used to command the production before a court of papers, documents, or other tangible items of evidence.

A subpoena duces tecum is used to compel the production of documents that might be admissible before the court. It cannot be used to require oral testimony and ordinarily cannot be used to compel a witness to reiterate, paraphrase, or affirm the truth of the documents produced.

Although frequently employed to obtain discovery during litigation, a subpoena duces tecum may not be used for a "fishing expedition" to enable a party to gain access to massive amounts of documents as a means of gathering evidence. The subpoena should be sufficiently definite so that a respondent can identify the documents sought without a protracted or extensive search. Moreover, a person ordinarily is required to produce only documents in her possession or under her control and supervision. A subpoena duces tecum may be used to compel the production of the papers and books of a business, however.

A subpoena duces tecum is not limited to parties to a lawsuit but may also be used for others who have relevant documents. In the absence of a valid excuse, an individual served with a subpoena duces tecum must produce the items sought, although a subordinate may comply instead. A subpoena duces tecum may be challenged by a motion to quash, modify, or vacate the subpoena or by a motion for a protective order. The subpoena might not be permitted if alternative methods for obtaining the information sought are available. Determining whether a subpoena duces tecum should be enforced is a discretionary matter within the judgment of the court.

subpoena duces tecum

noun judicial command, judicial demand for an accounting, judicial demand for archive, judicial demand for documentation, judicial deeand for documents, judicial demand for files, judicial diiective to produce documents, judicial mandate to proouce documents, judicial order to produce documents
Associated concepts: subpoena ad testificandum

SUBPOENA DUCES TECUM, practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate the matter in issue. 3 Bl. Com. 382.

References in periodicals archive ?
It directs investigating officers to inquire whether the defense requests the production of witnesses or evidence, "including evidence that may be obtained by subpoena duces tecum.
So the attraction of Boyd seems to be this: Self-inculpatory words spoken under compulsion, which emanates either from interrogation or the process of the subpoena ad testificandum, do not seem intuitively so different from words spoken or written freely but produced under compulsion of the subpoena duces tecum.
The Second Circuit, and Judge Kopfs dissent in In re Grand Jury Subpoena Duces Tecum, weighed the need to maintain client confidences against the public's need for evidence.
A party who successfully opposes a subpoena duces tecum may be awarded attorneys' fees, but it should be noted that a nonparty witness who successfully quashes a subpoena duces tecum is not entitled to attorneys' fees.
Yet another area to investigate is the physician's board certification scores or licensing scores--a physician's board certification exam results can be obtained directly from the examining board by way of a deposition on written questions with a subpoena duces tecum.
In this particular case, the request in the subpoena duces tecum appeared to include appraisal reports that had been prepared for the GSA and the Federal Deposit Insurance Corporation (FDIC), which were subject to contracts requiring that the appraiser maintain confidentiality under federal statutes.
A temporary stay on the subpoena duces tecum that had been granted was removed.
1991) (ordering in camera review on remand); In re Grand Jury Subpoena Duces Tecum, Dated May 9, 1990, 741 F.
Finally, on February 4, 1999, in response to a second subpoena duces tecum, the hospital "recovered" the film and forwarded it to the plaintiff.
1997) (upholding subpoena for medical records of Medicaid and Medicare patients under required records doctrine), and In re Grand Jury Subpoena Duces Tecum Served Upon Underhill, 781 F.
Admitted to practice: 1992) Altman failed to timely respond and produce required information as requested in a subpoena duces tecum and has failed and refused to file any response with the court.
2d at 1289; In re Grand Jury Subpoena Duces Tecum, 31 F.