Jun 4, 2025

Subpoena Duces Tecum

Understanding Subpoena Duces Tecum

A subpoena duces tecum is a type of subpoena that requires a witness to produce documents, records, or evidence in addition to, or instead of, appearing in person to testify. It is commonly used in both civil and criminal cases to compel the production of evidence that is relevant to the proceedings.

Types of Subpoenas

What is the difference between a subpoena and subpoena duces tecum?

There are two primary types of subpoenas: a subpoena ad testificandum and a subpoena duces tecum. A subpoena ad testificandum compels a person to appear and testify as a witness, while a subpoena duces tecum requires the production of documents or evidence. The main distinction is that the latter focuses on obtaining physical or electronic evidence rather than just testimony.

Purpose and Use

What is the main reason attorneys use a subpoena duces tecum?

Attorneys use a subpoena duces tecum to obtain documents, records, or other tangible evidence that may be critical to proving or defending a case. This can include medical records, business documents, emails, contracts, photographs, or any other material relevant to the legal matter at hand. The subpoena ensures that parties who possess such evidence are legally obligated to provide it to the court or the requesting party.

Examples

What is an example of a subpoena duces tecum?

An example of a subpoena duces tecum would be a request sent to a hospital, requiring it to provide a patient’s medical records for a personal injury lawsuit. Another example might be a subpoena issued to a bank, demanding copies of account statements for a fraud investigation.

Related Terms

What is the difference between duces tecum ad Testificandum?

While a subpoena duces tecum focuses on the production of documents or evidence, a subpoena ad testificandum is directed at compelling a person to appear and give oral testimony. Sometimes, a subpoena may combine both elements, requiring a person to appear and bring specified documents with them. However, the terms themselves refer to distinct legal tools: one for testimony, the other for evidence.

Subpoena Duces Tecum