subpena duces tecum

Subpoena duces tecum means “a subpoena for the production of evidence ” which requires the witness to produce documents , records , or other tangible objects for examination at a trial or hearing . Duces tecum in Latin means, “you shall bring with you.”

This case from California , explains that “a subpoena that requires the production of records, documents, or other things is known as a ‘ subpoena duces tecum .’”

A subpoena duces tecum is not limited to parties to a lawsuit but may also be used to obtain potentially useful evidence such as documents or records, in the possession of others. In the absence of a valid excuse, a person served with a subpoena duces tecum must produce the items sought. The subpoena is usually not permitted if there are alternative methods for obtaining the information, and the question whether a particular subpoena duces tecum is enforceable or not, is a discretionary matter within the judgement of the court.

See also: subpoena

[Last reviewed in August of 2021 by the Wex Definitions Team ]

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