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
Motion to quash.
Subpoena Ducus Tecum
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.
In Colorado, a subpoena duces tecum typically requires the recipient to respond by producing the requested documents or evidence at least 14 days after service, unless otherwise specified in the subpoena or agreed upon by the parties involved. If the recipient wishes to contest the subpoena, they should file a motion to quash or modify it before the response deadline. It's essential to review the specific terms of the subpoena and any applicable rules for any variations.
duces tecum
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
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" 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.
Returned unserved means that the subpoena was not served to its intended target. The subject of the subpoena must then be located and served.
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.
· In the instance of an invalid subpoena duces tecum, the health information manager should first refer the issue to the health-care provider's legal counsel for assistance. The counsel has several choices, including (1) responding by letter to the requesting attorney informing him or her of the health-care provider's refusal to release the requested information; (2) filing with the court a motion to quash; or (3) where appropriate, advising the health information manager to release the requested information in whole or in part.