Subpoena duces tecum is translated as, "Under penalty, produce (or, bring with)" the requested documents or other physical evidence. This request can be used for either depositions or court appearances.
In Human Resources, Civil Subpoenas with Duces Tecum are served on a company to get copies or to review documents including Employee Personnel files, Payroll records, Disciplinary actions and general information. The requests are often part of a divorce or child support case. One should take caution to protect ones employee from attempts to dig up dirt on someone. Many times a personnel file has documents in it that do not belong in a Personnel File. When responding to a Subpoena you should only supply the information that is requested. If they do not ask for benefits information (should be in a file separate from the Personnel File) do not send it.
A subpoena duces tecum is used to compel the production of documents that might be admissible before the court (duces tecum is Latin for bring with you).Source: West's Encyclopedia of American Law, published by Thomson Gale
A "subpoena duces tecum." directs an individual to come to court and directs that certain items be brought with them. A 'regular' subpoena simply directs the individual to come to court.
duces tecum is a subpoena requesting documents; ad testificandum requests yourself in person.
duces tecum
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
subpoena duces tecum
Motion to quash.
Returned unserved means that the subpoena was not served to its intended target. The subject of the subpoena must then be located and served.
A subpoena which requests items be brought with the person is called a "subpoena duces tecum". A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence.
You send it to the custodian of the records you want to see.
A subpoena commands a witness to produce documents, eye witness accounts, or other evidence relevant to the case.
A subpoena ad testificandum is a subpoena that directs a witness to appear in court to testify. The Latin phrase "ad testificandum" means "to testify." The other type of subpoena is a subpoena duces tecum, which commands a person to bring physical items such as business records to court. The Latin phrase "duces tecum " means "bring with you." It can be difficult to pronounce for most people.