key term - Subpoena duces tecum

Definition

A subpoena duces tecum is a legal document that orders an individual or organization to produce specific documents, records, or evidence for a legal proceeding. This type of subpoena ensures that relevant materials are made available for examination, which can be crucial in court cases. The term itself is rooted in Latin, illustrating how Latin terminology permeates the legal field, reflecting the historical influence of Roman law on modern legal practices.

5 Must Know Facts For Your Next Test

1. Subpoena duces tecum can be issued by a court or by an attorney in a case to gather necessary documents for trial.
2. Failure to comply with a subpoena duces tecum can result in legal penalties, including fines or contempt of court charges.
3. This type of subpoena can be used in civil and criminal cases alike, making it a versatile tool in the legal process.
4. Subpoena duces tecum differs from regular subpoenas because it specifically requests documents rather than requiring a person's presence.
5. The scope of what can be requested through a subpoena duces tecum is often subject to negotiation, as parties may contest the relevance or breadth of the request.

Review Questions

• How does a subpoena duces tecum differ from other types of subpoenas?
  • A subpoena duces tecum specifically orders the production of documents or evidence, while other subpoenas may require a person to appear and testify. This distinction is significant because it highlights the role of documentation in legal proceedings. Understanding this difference helps clarify how various subpoenas are utilized within the judicial system to gather necessary information.
• What are the legal consequences of failing to comply with a subpoena duces tecum?
  • Failing to comply with a subpoena duces tecum can lead to serious legal repercussions, including being held in contempt of court. This may result in fines, or even imprisonment, depending on the severity of the non-compliance and the discretion of the court. Such consequences emphasize the importance of responding appropriately to legal demands for evidence and documentation.
• Evaluate the significance of subpoenas, particularly subpoenas duces tecum, in the broader context of the legal system's pursuit of justice.
  • Subpoenas, especially subpoenas duces tecum, play a critical role in the legal system by ensuring that all relevant evidence is available for consideration during trials. This mechanism supports the pursuit of justice by allowing courts to make informed decisions based on comprehensive information. The ability to compel individuals and organizations to provide documentation fosters transparency and accountability, which are essential principles within any effective legal framework.

Related terms

subpoena:

A legal command that requires an individual to appear in court or produce evidence.

testimony: A formal statement given by a witness under oath during a legal proceeding.

evidence: Information presented in a court to prove or disprove a fact in question.