What is a subpoena duces tecum?

What is a subpoena duces tecum?

• A. A court process that, at the request of a party to an action, commands a witness who has possession or control of a relevant document or paper to produce it at or before trial
• B. To compel testimony only
• C. To issue liens
• D. To admit evidence

Answer: (A)

A subpoena duces tecum is a court order that requires a witness who has possession or control of relevant documents or papers to produce them at or before trial. The defining feature is the production of documents or tangible items, not just giving testimony. This distinguishes it from other types of subpoenas that compel only testimony. It isn’t about creating liens or admitting evidence; those are separate legal concepts. In practice, the witness or custodian must bring the requested documents to court or to a deposition by a specified time, and failing to comply can lead to sanctions.

A subpoena duces tecum is a court order that requires a witness who has possession or control of relevant documents or papers to produce them at or before trial. The defining feature is the production of documents or tangible items, not just giving testimony. This distinguishes it from other types of subpoenas that compel only testimony. It isn’t about creating liens or admitting evidence; those are separate legal concepts. In practice, the witness or custodian must bring the requested documents to court or to a deposition by a specified time, and failing to comply can lead to sanctions.