A subpoena duces tecum is a court order directing individuals to provide specific documentation for use as evidence in a trial or hearing. The liability includes handing in the documents and providing sworn testimony if required. The summons must be served correctly, and the defender can challenge it by submitting an application to the judge.
A subpoena duces tecum is a written order issued by a United States court directing one or more persons to provide specific documentation to be used as evidence in preparation for a trial or hearing. The Latin term means “under penalty you will carry with you”. The type of evidence required typically consists of financial records, company books, insurance policies, accident reports, and similar items, and is usually requested by an attorney representing one of the parties involved in a civil law proceeding. A duces tecum subpoena is usually served on an individual known to physically hold the documentation or supervise its maintenance, in which case the order will specifically name the person in it. In other cases, a subpoena may be served on one or more qualified representatives, partners, or officials if a corporation or government agency is in possession of the required documentation.
The liability that must be assumed by the party named in a duces tecum subpoena is generally twofold. In addition to handing in the required documents, the party should also personally bring them to the court at a designated date and time. The reason for this is that the party may be asked to provide further relevant information in the form of sworn testimony taken during an oral deposition. In some cases, Section 27 of the US Federal Rules of Civil Procedure allows a subpoenaed party to waive the oral examination and simply produce the required documents.
Service of a duces tecum subpoena must be done by hand delivery to the party named in the summons or, if a corporation, non-profit organization or federal agency is involved, a legal representative or representative. In the event that the correct procedure is not followed, the service is considered incomplete and void. Any person over the age of 18 who is not a party to the action can serve the summons, as can an official of the United States Marshal Service. It can be served in any US state or territory. In addition, Title 28, Section 1783 (formerly 711) of the United States Code permits service to one or more persons in a foreign country.
Once notified, the defender can subsequently challenge the summons by submitting to the judge an application for annulment, modification or annulment of the summons. In some cases, the attorney may seek a restraining order in an attempt to prevent duplication of summons on the same party or to secure the same documents. Such requests are likely to be granted if the court determines that the requested documentation is inadmissible for any reason, or if the information can be obtained in a more appropriate manner that does not require the court’s time or resources.
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