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.
334) Tribal immunity from the subpoena duces tecum proves to be a poisoned chalice, undermining the very objectives that it is proposed to advance.
It is axiomatic that we don't normally seek inculpatory documents by subpoena duces tecum.
The final version of the bills amended a provision in the DILG law that gave the power to issue a subpoena and subpoena duces tecum only to the National Police Commission (Napolcom).
G) all information necessary for the proper issuance and execution of a subpoena duces tecum.
The 2003 amendment, among other things, (19) eliminated the requirement that an order be obtained, and instead permitted the service of a subpoena duces tecum on the nonparty with the following requirements:
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).
Mailing to a nonparty does not constitute service of the subpoena duces tecum.
It seems to us that rather than speaking of privilege, courts should simply make sure that a subpoena duces tecum directed to the media, like any other subpoena duces tecum, is reasonable in the circumstances, which is the general criterion for judicial review of subpoenas.
38) Chief Justice Marshall noted: "[a] subpoena duces tecum varies from an ordinary subpoena only in this; that a witness is summoned for the purpose of bringing with him a paper in his custody.