Search results
Results from the WOW.Com Content Network
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law. [33] A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof. [34] In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that ...
A "subpoena duces tecum" is a summons to produce physical evidence for a trial. ejusdem generis: of the same class ... Literal translation Definition and use
Said of a request, usually by a court, that must be complied with on pain of punishment. Examples include sub poena duces tecum ("take with you under penalty"), a court summons to appear and produce tangible evidence, and sub poena ad testificandum ("under penalty to testify"), a summons to appear and give oral testimony. sub rosa: under the rose
subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to ...
A person accused of a crime has certain rights defined by the federal constitution, state constitutions and various statutes, such as the right to be represented by counsel, the right to compulsory process (issue of subpoena ad testificandum and subpoena duces tecum) to secure the attendance of witnesses, gather evidence and the right to a ...
United States v. Hubbell, 530 U.S. 27 (2000), was a United States Supreme Court case involving Webster Hubbell, who had been indicted on various tax-related charges, and mail and wire fraud charges, based on documents that the government had subpoenaed from him. [1]
Medical records are legal documents that can be used as evidence via a subpoena duces tecum, [20] and are thus subject to the laws of the country/state in which they are produced. As such, there is great variability in rules governing production, ownership, accessibility, and destruction.