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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 ...
subpoena: under penalty A writ compelling testimony, the production of evidence, or some other action, under penalty for failure to do so. subpoena ad testificandum: under penalty to be witnessed An order compelling an entity to give oral testimony in a legal matter. subpoena duces tecum: bring with you under penalty
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 mail copies of documents to requesting party or directly to court.
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
In an early case, the Circuit Court of Virginia applied this standard in In re Subpoena Duces Tecum to America Online, holding that a court may compel an ISP to reveal a subscriber's identity if it finds "that the party requesting the subpoena has a legitimate, good faith basis to contend that it may be the victim of conduct actionable in the ...