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.
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."
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.
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.
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.
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.
Motion to quash.
"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.