Yes, if you receive a subpoena for a deposition in aid of execution duces tecum, you are generally required to appear and comply with the request. This type of subpoena compels you to provide documents or evidence relevant to the enforcement of a judgment. Failure to comply can result in legal penalties, including contempt of court. It's advisable to consult with an attorney if you have questions about your obligations or rights regarding the subpoena.
A subpoena duces tecum is typically used to compel the production of documents or evidence rather than to summon a person for a deposition. To summon an individual for a deposition, a standard deposition notice is generally issued. However, if specific documents are required to be brought to the deposition, a subpoena duces tecum can be included alongside the deposition notice. This allows for both the individual's testimony and the requested documents to be obtained during the deposition.
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.
duces tecum
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.
No, a notary public in Texas cannot issue a subpoena duces tecum without a deposition. Subpoenas are typically issued by a court or an attorney as part of the legal process, and a notary's role is primarily to witness signatures and authenticate documents. In Texas, a subpoena must be issued by the court or an attorney authorized to practice law in that jurisdiction.
The plural of "subpoena duces tecum" is "subpoenae duces tecum." In legal contexts, "subpoena" is a Latin term meaning "under penalty," and "duces tecum" translates to "bring with you," referring to a type of subpoena that requires a person to produce documents or evidence. The pluralization follows Latin grammatical rules, where "-a" becomes "-ae."
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 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. A subpoena which requests items be brought with the person is called a "subpoena duces tecum".
Adam
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
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"Duces tecum" is a legal term directing a person to produce specific documents or evidence in a court proceeding, while "ad testificandum" refers to a subpoena that requires a person to testify in court. In summary, duces tecum involves producing documents, while ad testificandum involves giving oral testimony.