Massachusetts Subpoena Duces Tecum
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How to fill out Subpoena Duces Tecum?
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FAQ
Rule 45(b) incorporates the familiar Massachusetts practice of issuing subpoenas duces tecum. The rule specifically allows the subpoena to be used to command the production of books, papers, documents or tangible things.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A subpoena duces tecum (pronounced in English /s??pi?n? ?dju?si?z ?ti?k?m/ s?-PEE-n? DEW-seez TEE-k?m), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.
Duces tecum in Latin means, ?you shall bring with you.? This case from California, explains that ?a subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum. '?