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subpena duces tecum :: legal definition


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 and Related Law Terms ↓


Related Law Terms

abuse 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 Searches

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Other Law Terms - S

said :: 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