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Simple English definitions for legal terms
Subpena duces tecum
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A quick definition of Subpena duces tecum:
Subpoena duces tecum: A legal term that means a request for someone to bring documents or other things to a trial or hearing. The Latin words "duces tecum" mean "you shall bring with you." This request can be made to anyone who has useful evidence, not just the people involved in the lawsuit. If someone is served with a subpoena duces tecum, they must bring the requested items unless they have a good reason not to. The court can decide whether or not to allow the subpoena, and there may be other ways to get the information needed.
A more thorough explanation:
Definition: Subpoena duces tecum is a legal term that refers to a court order that requires a witness to produce documents, records, or other tangible objects for examination at a trial or hearing. The term "duces tecum" means "you shall bring with you" in Latin.
For example, if a person is called to testify in court and has relevant documents or records, they may be issued a subpoena duces tecum to bring those items with them to the trial.
A subpoena duces tecum can be used to obtain potentially useful evidence from anyone, not just parties to a lawsuit. If a person is served with a subpoena duces tecum and has no valid excuse, they must produce the items sought.
However, a subpoena duces tecum may not be permitted if there are alternative methods for obtaining the information. Whether or not a particular subpoena duces tecum is enforceable is up to the discretion of the court.