Criminal Defense Lawyers

Duces Tecum Subpoena

What is a Duces Tecum Subpoena and How Do You Deal With One?

The Basics of a Duces Tecum Subpoena

So, you’ve been served with a duces tecum subpoena. First off, don’t panic! While it may sound intimidating, a duces tecum subpoena is simply a legal document that requires you to produce certain records or appear in court with those records. The term “duces tecum” is Latin for “bring with you.”A duces tecum subpoena can be issued in both civil and criminal cases. In a civil case, an attorney might use one to obtain evidence from a third party, like bank records or phone logs. In a criminal case, a prosecutor could use it to compel a witness to bring documents to court that could serve as evidence.The subpoena will specify exactly what records or documents need to be produced and when and where you need to appear with them. It’s crucial to read the subpoena carefully and comply with its demands. Failing to do so could land you in legal hot water, including being held in contempt of court.

What to Do When You Receive a Duces Tecum Subpoena

Okay, so a process server hands you a duces tecum subpoena. What’s your next move? Here’s a step-by-step guide:

1. Read the subpoena thoroughly. Make note of exactly what records are being requested and the date, time, and location you’re supposed to appear with them. Don’t just skim it—read every word carefully.
2. Contact an attorney. If you have any concerns or feel your rights are being violated, your first call should be to a lawyer who can advise you. This is especially important if the requested records contain confidential or privileged information.
3. Gather the requested records. Start tracking down the specific documents outlined in the subpoena. If you don’t have them or they no longer exist, you’ll need to be prepared to explain why. If the records are extensive, organize them neatly.
4. Make copies. You’ll want a complete copy of everything you’re providing for your own records. If the volume is large, digitizing the records can make them easier to manage and share with your attorney.
5. Appear as ordered. This is key—you must show up at the specified location, date and time with the requested materials. Not appearing is simply not an option unless you’ve been excused by the court or the issuing party.
6. Comply but protect your rights. Provide the subpoenaed records as required but don’t volunteer extra information or records not specifically requested. If questioned, keep answers brief and factual. Decline to answer questions that make you uncomfortable or that you feel could incriminate you.

Objecting to a Duces Tecum Subpoena

In some cases, you may have grounds to challenge a duces tecum subpoena. Some common objections include:

• The subpoena is overly broad or burdensome
• The requested records are irrelevant to the case
• The records contain confidential, privileged, or proprietary information
• Complying would violate your constitutional rights against self-incrimination

If you believe you have a valid objection, you’ll need to file a formal motion to quash the subpoena, modify it, or for a protective order. This must be done prior to the compliance date on the subpoena. An attorney can assess whether you have grounds to object and help you through this process.

Duces Tecum Subpoenas for Businesses

Businesses are often the target of duces tecum subpoenas, especially those seeking a company’s financial records, communication logs, or personnel files as part of a lawsuit or investigation. If your business is served with a subpoena, you’ll want to involve your attorneys immediately.Your legal team can help determine whether the subpoena is valid, whether you have grounds to object, and how to comply with the subpoena while still protecting sensitive data. In some cases, they may be able to negotiate with the issuing party to narrow the scope of the request.It’s also critical to have a system in place for preserving records in case of subpoena. You don’t want to be accused of destroying evidence. Work with your attorneys to develop document retention policies and procedures so you can quickly isolate and produce records if needed.

Dealing with Subpoenas in Arizona

Every state has its own rules and procedures surrounding subpoenas. In Arizona, here are a few key things to know:

• Subpoenas can be served by any person over 18 who isn’t a party to the case. They must be hand-delivered to the recipient or their attorney.
• If you’re subpoenaed as a witness, you’re entitled to a $12 per day witness fee plus $0.20 per mile traveled to the court.
• Failure to comply with a valid subpoena can result in being held in contempt of court, which can mean fines or even jail time in extreme cases.
• To object to a subpoena in Arizona, you must file a written motion with the court. The other party then has an opportunity to respond before the court makes a decision.

As an example, let’s say an Arizona small business owner is subpoenaed to produce three years’ worth of financial records as part of a lawsuit against one of her clients. She may be able to argue the subpoena is overly broad and would be unduly burdensome for her small company to comply with. Her attorney could file a motion to quash or modify the subpoena, perhaps narrowing it to only records directly related to the client in question.

Subpoena vs. Subpoena Duces Tecum

It’s worth noting the difference between a regular subpoena and a subpoena duces tecum. A standard subpoena just requires you to appear and give testimony. A subpoena duces tecum requires you to produce documents or tangible evidence, and may or may not also require you to testify.If you’re subpoenaed as a witness to testify, here are a few tips:

• Be truthful. Lying under oath is perjury, a serious offense.
• Keep answers short. Don’t volunteer extra information.
• If you don’t remember something, say so. Don’t guess.
• Stay calm and professional, even if questioned aggressively.

Frequently Asked Questions

Let’s wrap up by addressing some common questions about duces tecum subpoenas:Q: Can I ignore a subpoena?A: No, never ignore a validly issued subpoena. Doing so can result in serious legal consequences, including contempt of court charges. If you have an issue with a subpoena, raise it through proper legal channels.Q: How much time will I have to comply with a subpoena?A: The subpoena should specify a compliance date. If the timing is unreasonable, you can try to work with the issuing party or file a motion with the court to extend the deadline.Q: Can I get reimbursed for expenses related to complying with a subpoena?A: It depends. Some states require the issuing party to cover reasonable production expenses, especially for non-parties, but this varies. Attorney fees are generally not reimbursable.Q: What if the records requested don’t exist?A: If you’ve conducted a diligent search and determined the subpoenaed records don’t exist or are no longer in your possession, you’ll need to attest to that fact. The court may require a sworn affidavit explaining the records’ absence.Q: Do I have to appear in person or can I just send the records?A: The subpoena will specify whether a personal appearance is required. If it is, you or your attorney can reach out to the issuing party to see if sending just the records would suffice, but don’t assume.

The Bottom Line on Duces Tecum Subpoenas

Receiving any type of subpoena can be stressful, but a duces tecum subpoena can be especially daunting with its demands for records. The most important things to remember are:

1. read it carefully,
2. comply as required,
3. protect your rights, and
4. engage an attorney if you have any concerns.