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subpena duces tecum
: (suh-pea-nah dooh-Chess-take-uhm or dooh-kess-take-uhm): a court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. This subpena must be served personally on the person subpenaed. It is the common way to obtain potentially useful evidence, such as documents and business records, in the possession of a third party. A subpena duces tecum must specify the documents or types of documents (e.g. "profit and loss statements of ABC Corporation for years 1987 through 1995, all correspondence in regard to the contract between ABC Corporation and Merritt") or it will be subject to an objection that the request is "too broad and burdensome." To obtain documents from the opposing party, a "Request for Production of Documents" is more commonly used. Failure to respond to a subpena duces tecum may subject the party served with the subpena to punishment for contempt of court for disobeying a court order.
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Legal term correct spelling of 'dulces teqium'?
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
What is the difference between duces tecum and ad testificandum?
"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.
What is Motion to quash subpoena duces 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
What are the consequences of failure to comply with a subpoena duces tecum?
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.
An order from the court to send up records is a what?
Subpoena Ducus Tecum
What is a type of subpoena that requiers a witness to appear in court with records?
duces tecum
WHAT is the difference between subpoena duces tecum and judicial subpoena?
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.
What is an approved method to challenge the validity of a subpoena duces tecum called?
Motion to quash.
Where do you send a subpoena duces tecum for account records?
You send it to the custodian of the records you want to see.
Can you mail a subpoena duces tecum?
Yes, a subpoena duces tecum can typically be mailed, but the rules may vary depending on the jurisdiction. It's important to ensure that the recipient is properly notified and that the subpoena complies with local laws and court rules. In many cases, personal service is preferred to ensure receipt and compliance. Always check specific legal requirements applicable in your area.
Is subpoena duces tecum appropriate to summon deposition?
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.
Can an attorney issue a subpoena duces tecum for a trial?
Yes, an attorney can issue a subpoena duces tecum for a trial. This type of subpoena compels a witness to produce specific documents or evidence relevant to the case. Typically, attorneys use this tool to gather necessary information from third parties or parties involved in the litigation. However, the issuance and enforcement of subpoenas are subject to legal rules and procedures, including jurisdictional limits and timelines.
