- THE LEGAL PROCESS
- courts
- courts and procedure
- wex definitions
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.
[Last updated in August of 2021 by the Wex Definitions Team]