A duces tecum subpoena orders someone to bring materials to court. It must include a clear description of the materials needed and cannot be used to “go fishing” for evidence. Privilege applies to certain individuals, and the subpoena can also be used to obtain material for a deposition. Latin is still commonly used in legal terminology.
The phrase “duces tecum” is Latin for “to carry with you.” It is most commonly seen in the sense of a duces tecum subpoena, a formal subpoena ordering someone to bring materials to court or face punishment. This can be compared to an ad testiificandum subpoena, which compels someone to go to court to give testimony for a case. A duces tecum subpoena may be issued to one of the parties to a case or to someone believed to have materials that may be relevant to the case.
When someone is served a subpoena duces tecum, the document must include a clear description of the types of materials that need to be brought to court. Parties to a case are not permitted to use a duces tecum subpoena to “go fishing” for evidence. The document must be issued to someone who reasonably believes that they possess documents or other materials that may be of importance to the case.
The privilege applies to certain individuals to whom such a summons has been sent. Under attorney-client privilege, for example, an attorney can withhold a variety of documents, including materials used to prepare the case. Similarly, the doctor-patient privilege comes into effect in these situations, and some other communications may also be protected. If there is a belief that turning in the materials would violate privilege, the target of a subpoena can consult an attorney for advice.
The duces tecum subpoena can also be used to obtain probative material from persons summoned to attend a deposition. The target is invited to bring the material along the deposition for examination. Not all evidence gathered this way will be used in court, but it can help build a case and can provide information that could be highly relevant to arguments that will be used in court to defend or prosecute a case. It should be noted that the discovery rules apply to materials obtained pursuant to a duces tecum subpoena.
In some regions courts have made efforts to remove Latin from legal terminology, using simple language to make the nature of a legal activity clear to someone who may not be familiar with Latin. However, the widespread use of Latin in legal terms is unlikely to vanish entirely in languages like English, especially given that so many Latin words are already in use in English.
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