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.
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."
"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.
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
Subpoena Ducus Tecum
Returned unserved means that the subpoena was not served to its intended target. The subject of the subpoena must then be located and served.
The time to respond to a subpoena duces tecum typically depends on the jurisdiction and the specifics of the subpoena itself. Generally, recipients are given a set period, often between 14 to 30 days, to comply with the request for documents or evidence. It's crucial to check the local rules or the specific language of the subpoena for the exact timeline, and consulting with legal counsel is advisable to ensure proper compliance.
Failure to comply with a subpoena duces tecum can result in serious consequences, such as being held in contempt of court, facing fines, or even being subject to imprisonment. It is important to adhere to the requirements of a subpoena to avoid legal repercussions.
duces tecum
Motion to quash.
A subpoena commands a witness to produce documents, eye witness accounts, or other evidence relevant to the case.
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
You send it to the custodian of the records you want to see.