76. subpoena duces tecum

What is a Subpoena Duces Tecum?

A subpoena duces tecum is a type of subpoena that requires an individual or organization to produce documents, records, or other physical evidence for a legal proceeding. Unlike a regular subpoena (which compels testimony), a subpoena duces tecum focuses on obtaining tangible evidence.

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Key Features of a Subpoena Duces Tecum

✔ Used in both civil and criminal cases ✔ Compels production of documents, emails, contracts, medical records, financial statements, or other evidence ✔ Failure to comply can result in penalties, including fines or contempt of court charges

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Examples of a Subpoena Duces Tecum in Action

• A bank receives a subpoena duces tecum to provide transaction records in a fraud case.

• A hospital is required to submit medical records for a personal injury lawsuit.

• A corporation must turn over emails and internal reports in a business dispute.

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5 Reference Pages for Subpoena Duces Tecum with URLs

1. Legal Information Institute – Subpoena Duces Tecum

   • URL: https://www.law.cornell.edu/wex/subpoena_duces_tecum

   • Explanation: Defines a subpoena duces tecum and explains how it differs from other subpoenas.

2. Justia – Subpoena Duces Tecum Overview

   • URL: https://www.justia.com/lawsuits-litigation/subpoenas/subpoena-duces-tecum/

   • Explanation: Provides an overview of how this type of subpoena is used and enforced in legal proceedings.

3. FindLaw – What is a Subpoena Duces Tecum?

   • URL: https://www.findlaw.com/litigation/going-to-court/what-is-a-subpoena-duces-tecum.html

   • Explanation: Discusses when and why a subpoena duces tecum is issued, including legal rights and obligations.

4. Federal Rules of Civil Procedure – Rule 45 (Subpoena Duces Tecum Provisions)

   • URL: https://www.law.cornell.edu/rules/frcp/rule_45

   • Explanation: Details federal regulations governing subpoenas, including those compelling the production of evidence.

5. Wikipedia – Subpoena Duces Tecum

   • URL: https://en.wikipedia.org/wiki/Subpoena_duces_tecum

   • Explanation: Covers the history, usage, and legal implications of a subpoena duces tecum in various legal systems.

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