Subpoena Duces Tecum

A writ ordering a person to attend a court and bring relevant documents.

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

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

Getting documents from someone other than the defendant:

You might be able to get documents from someone who is not involved in the court case by getting a subpoena duces tecum. A subpoena duces tecum is issued by a judge or sometimes a lawyer can sign a subpoena, in certain states and circumstances. The subpoena tells a person, a company, or another entity to produce certain documents that are important to a court case. If you need to get a subpoena, you can talk to the court clerk about the process in your county.

A person can ask for a subpoena duces tecum to be quashed if:

• it is overly burdensome (demands too many documents or is too hard to respond to);
• there is not proper notice, like if a person receives a subpoena hours before trial and s/he does not have time to make arrangements to appear; or
• it asks for protected information, like conversations between a lawyer and client, things that are said to a therapist, or, in some states, communication between a domestic violence advocate and a victim s/he is working with.