A subpoena duces tecum refers a to a judicial writ compelling one to appear before the court and to bring required evidence. This is in addition to being required to give verbal or written testimony--such as documents, or other corroborating evidence.
Although these documents, when prepared or executed by someone other than the individual bringing them before the court, who is not before the court, are hearsay, they are often admissible notwithstanding under the business records exception or the public records exception.
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.
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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.
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