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.
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.
Subpoena Ducus Tecum
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
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
Motion to quash.
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 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.