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(2) For Other Discovery. When a subpoena asks for documents or other items, the subpoena is called a "subpoena duces tecum.This Practice Note analyzes the key issues that parties should consider when they use subpoenas to obtain evidence in federal civil. Requirements of the person served with the subpoena ; testify at a trial, hearing or deposition. Appear at the trial, hearing or deposition. As part of discovery, sometimes you need to have an individual (or company) who is not a party to the case produce documents or business records. In most states, either of the parties may take the deposition of the other party, or of any other witness. A subpoena may specify the form or forms in which electronically stored information is to be produced. A subpoena duces tecum is an order requiring a person to produce documents or other things. Attend a deposition until the deposition is completed.