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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.
Primary tabs. A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).
The term subpoena duces tecum is used in the United States, and some other common law jurisdictions such as South Africa and Canada. The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology.
Parties may use a subpoena to order their requested witnesses to appear. They must arrange to have the subpoena served on the witness. Parties can do this themselves as long as they prepare an affidavit of service. They also can have it served by the sheriff's office or a private process-server.
The subpoena duces tecum can benefit either prosecutors or the defendant. For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
Subpoena Duces Tecum. These are subpoenas for physical objects. In the context of personal injury litigation, they typically request the production of medical records, calendars, office diaries, X rays, and any other physical record that concerns the medical care of a specified person.
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. '?
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.