Server's Corner

What Is a Subpoena Duces Tecum?

Our team here at Roland Investigations serves subpoenas of all sorts. So while they may be normal to us, most people that receive subpoenas are often confused and a little nervous about them. Afterall, subpoenas do not usually spell good news. Something that can add to that nervousness and confusion is the fact that there are different types of subpoenas you can receive and they all have latin legalese titles.

One specific subpoena you may receive is a subpoena duces tecum. A subpoena duces tecum literally translates to “ you will bring with you under penalty of punishment”. And basically what it means when you receive one is that you are legally obligated to produce evidence instead of testify in a case. This usually occurs during the discovery phase of a case where parties review potential evidence before the actual hearing. Evidence that you may be required to produce may include medical records, computer files, deeds, ect.

How to Proceed Once You’ve Received a Subpoena Duces Tecum

So you have been served a subpoena duces tecum, now what? In general, you will need to deliver the evidence either to the court where the case is taking place or to the attorney’s office that requested the evidence from you.

When in doubt, you can review the subpoena. That document should state everything you need to know about proceeding. It will have a location where the evidence needs to be taken along with a date and time to indicate the deadline for completing this task.

What To Do When You Do Not Have the Evidence Requested

What if you do not have the evidence requested on the subpoena? Well, you are certainly not required to obtain evidence that is not in your possession and you certainly cannot produce documents that do not exist. In a case where you do not have the requested evidence, simply reach out to the party that sent you the subpoena in order to notify them of this fact.

All in all, fulfilling a subpoena duces tecum request is relatively straightforward. If you need subpoenas of this nature or any other type served, reach out to our team.

By Roland Investigations 2-16-2023