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Dictionary of Law |
subpena duces tecum :: legal definitionSubpena 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 and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal. advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance approach the witness :: v. a request by an attorney to the judge for permi ... t, and it is almost always granted. arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff. bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title." complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian constable :: n. a law officer for a particular area such as a r ... ice of the Peace. See also: sheriff contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence corporation :: n. an organization formed with state governmental ... ation public corporation securities cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. indenture :: n. a type of real property deed in which two parti ... bind a person to work for another. indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial interlineation :: n. the act of writing between the lines of a docum ... document re-typed and then signed. interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best. marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors. merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation. refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence service :: n. 1) paid work by another person, either by contr ... ersonal services service of process service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in summons :: n. a document issued by the court at the time a la ... use service service of process writ title :: n. 1) ownership of real property or personal prope ... ink slip real property title search unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |