What is a subpoena duces tecum?

What is a subpoena duces tecum?

• A. A subpoena requiring a witness to bring specified documents or records.
• B. A subpoena requiring a witness to testify at a hearing or trial.
• C. A subpoena ordering a person to appear in court.
• D. A subpoena to publish in a newspaper.

Answer: (B)

Subpoena duces tecum is a type of subpoena that requires a person to produce documents, records, or other tangible items for a court or party. The phrase means “you shall bring with you.” It’s used when the requesting party wants to review or copy specific materials that are in someone’s possession, custody, or control, such as files, emails, or physical evidence, at a deposition, hearing, or trial. This contrasts with a subpoena that compels someone to testify verbally; that kind is focused on producing a witness to provide testimony rather than documents. While a subpoena can order someone to appear in court, the defining feature of a subpoena duces tecum is the production of records or items. If the recipient fails to comply, the court can impose sanctions for contempt or other penalties. A request to publish in a newspaper isn’t a typical function of a subpoena and does not involve bringing documents or records to court.

Subpoena duces tecum is a type of subpoena that requires a person to produce documents, records, or other tangible items for a court or party. The phrase means “you shall bring with you.” It’s used when the requesting party wants to review or copy specific materials that are in someone’s possession, custody, or control, such as files, emails, or physical evidence, at a deposition, hearing, or trial.

This contrasts with a subpoena that compels someone to testify verbally; that kind is focused on producing a witness to provide testimony rather than documents. While a subpoena can order someone to appear in court, the defining feature of a subpoena duces tecum is the production of records or items. If the recipient fails to comply, the court can impose sanctions for contempt or other penalties.

A request to publish in a newspaper isn’t a typical function of a subpoena and does not involve bringing documents or records to court.