subpoena duces tecum

Thân thiện

A lawyer hands a subpoena duces tecum to a witness.

Definition

1. Noun:
   • A court-ordered writ requiring a witness to produce specific documents or evidence: A subpoena duces tecum is a formal legal command issued by a court. It compels a person (the witness) to appear before the court or at a deposition and to bring with them any documents, records, or other tangible evidence that are relevant to a legal proceeding and are within their possession or control.

Usage

• The is a specific type of subpoena. While a standard subpoena orders a person to appear and testify, a orders a person to appear to bring specified evidence.
• It is used in both civil and criminal cases to obtain evidence held by a third party.
• The documents requested must be described with "reasonable particularity" so the recipient knows what to produce.

Examples

• Noun:
  • The attorney served a subpoena duces tecum on the hospital, demanding all medical records for the plaintiff from the last five years.
  • In response to the subpoena duces tecum, the accountant brought three years of financial statements to the deposition.
  • The company's legal department is reviewing the subpoena duces tecum to determine which emails are responsive to the request.

Advanced Usage

• "to quash a subpoena duces tecum": to ask the court to cancel or invalidate the order, often because it is overly broad, burdensome, or requests privileged information.
  • The journalist filed a motion to quash the subpoena duces tecum, arguing it violated source confidentiality.
• "to comply with a subpoena duces tecum": to obey the order by producing the requested documents.
  • Failure to comply with a subpoena duces tecum can result in being held in contempt of court.

Variants and Related Words

• Subpoena (n/v): The broader category of court orders commanding appearance. A is a subtype.
  • They received a subpoena to testify.
• Writ (n): A formal written order issued by a court.
• Discovery (n): The pre-trial phase in a lawsuit where parties obtain evidence from each other, often using tools like a .

Synonyms

• Court order to produce documents: This is a descriptive synonym.
• Document production order: A more modern or general term for a similar legal command.

Notes on Meaning

• The phrase is Latin, meaning "under penalty you shall bring with you." This etymology directly informs its legal function.
• It is distinct from a search warrant. A is directed to a person to evidence they control, while a warrant authorizes law enforcement to and seize evidence.

Học thuật

Noun

1. a writ issued by a court at the request of one of the parties to a suit; it requires a witness to bring to court or to a deposition any relevant documents under the witness's control