A Notice of Intent to Serve Subpoena Duces Tecum is a legal document that notifies a party that another party intends to issue a subpoena requiring them to produce specific documents or records for a legal proceeding. This notice typically outlines the scope of the documents sought and provides the recipient an opportunity to comply or raise objections before the subpoena is formally served. It serves to ensure transparency and allow for any necessary negotiations regarding the requested information.
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."
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.
Duces tecum. Used mostly as follows: Subpoena duces tecum. Meaning: A command to a witness to produce documents.
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.
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
Subpoena Ducus Tecum
Returned unserved means that the subpoena was not served to its intended target. The subject of the subpoena must then be located and served.
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
Motion to quash.
A subpoena commands a witness to produce documents, eye witness accounts, or other evidence relevant to the case.
You send it to the custodian of the records you want to see.