subpena duces tecum

subpena duces tecum
A type of subpena, usually issued at the request of a party, by which a court orders a witness to produce certain documents at a deposition or trial.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

subpena duces tecum
[suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm]
   a court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. This subpena must be served personally on the person subpenaed. It is the common way to obtain potentially useful evidence, such as documents and business records, in the possession of a third party. A subpena duces tecum must specify the documents or types of documents (e.g. "profit and loss statements of ABC Corporation for years 1987 through 1995, all correspondence in regard to the contract between ABC Corporation and Merritt") or it will be subject to an objection that the request is "too broad and burdensome." To obtain documents from the opposing party, a "Request for Production of Documents" is more commonly used. Failure to respond to a subpena duces tecum may subject the party served with the subpena to punishment for contempt of court for disobeying a court order.
   See also: witness

Law dictionary. . 2013.

Игры ⚽ Нужно решить контрольную?

Look at other dictionaries:

  • Subpoena duces tecum — Subpoena Sub*p[oe] na, n. [NL., fr. L. sub under + poena punishment. See {Pain}.] (Law) A writ commanding the attendance in court, as a witness, of the person on whom it is served, under a penalty; the process by which a defendant in equity is… …   The Collaborative International Dictionary of English

  • subpena — A court order issued at the request of a party requiring a witness to testify, produce specified evidence, or both. A subpena can be used to obtain testimony from a witness at both depositions (testimony under oath taken outside of court) and at… …   Law dictionary

  • subpena — Subpoena Sub*p[oe] na, n. [NL., fr. L. sub under + poena punishment. See {Pain}.] (Law) A writ commanding the attendance in court, as a witness, of the person on whom it is served, under a penalty; the process by which a defendant in equity is… …   The Collaborative International Dictionary of English

  • subpoena — sub·poe·na 1 also sub·pe·na /sə pē nə/ n [Latin sub poena under penalty]: a writ commanding a designated person upon whom it has been served to appear (as in court or before a congressional committee) under a penalty (as a charge of contempt) for …   Law dictionary

  • process — pro·cess / prä ˌses, prō / n 1: a continuous operation, art, or method esp. in manufacture whoever invents or discovers any new and useful process...may obtain a patent therefor U.S. Code 2 a: procedure (1) see also …   Law dictionary

  • inspection of documents — n. A process done during discovery in which a party examines and copies documents held by the opposing party that are relevant to the lawsuit. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell …   Law dictionary

  • Subpoena — A subpoena (pronEng|səˈpiːnə) is commonly defined as a written command to a person to testify before a court or be punished. More accurately, a subpoena is the conditional threat of punishment made by a governmental authority. It is attached to a …   Wikipedia

  • Subpoena — Sub*p[oe] na, n. [NL., fr. L. sub under + poena punishment. See {Pain}.] (Law) A writ commanding the attendance in court, as a witness, of the person on whom it is served, under a penalty; the process by which a defendant in equity is commanded… …   The Collaborative International Dictionary of English

  • Subpoena ad testificandum — Subpoena Sub*p[oe] na, n. [NL., fr. L. sub under + poena punishment. See {Pain}.] (Law) A writ commanding the attendance in court, as a witness, of the person on whom it is served, under a penalty; the process by which a defendant in equity is… …   The Collaborative International Dictionary of English

  • subpoena — /seuh pee neuh, seuhb /, n., v., subpoenaed, subpoenaing. Law. n. 1. the usual writ for the summoning of witnesses or the submission of evidence, as records or documents, before a court or other deliberative body. v.t. 2. to serve with a subpoena …   Universalium

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