Legal Definitions - deposition subpoena duces tecum

A depositionsubpoena duces tecum is a formal legal order that compels an individual to do two things: first, to appear at a deposition (an out-of-court sworn testimony), and second, to bring specific documents, records, or other tangible evidence with them to that deposition. It's a powerful tool used in litigation to gather both verbal testimony and physical evidence from a witness before a trial.

Here are some examples illustrating how a deposition subpoena duces tecum might be used:

• Example 1 (Personal Injury Lawsuit):

  In a personal injury lawsuit where a plaintiff claims severe injuries from a car accident, their attorney might issue a deposition subpoena duces tecum to the treating physician. This subpoena would require the doctor to appear for a deposition and bring with them all of the plaintiff's medical records, including diagnostic test results, treatment plans, and billing statements related to the accident injuries.

  This example illustrates the term because the subpoena compels the physician to both provide sworn testimony (the deposition) and produce specific documents (medical records) relevant to the lawsuit, fulfilling the "duces tecum" requirement.

• Example 2 (Business Contract Dispute):

  During a legal dispute between two companies over a failed software development project, the plaintiff company's attorney might serve a deposition subpoena duces tecum on the defendant company's former lead software engineer. This subpoena would demand that the engineer appear for a deposition and bring all project specifications, internal communication logs, email correspondence, and source code files related to the disputed software project.

  Here, the engineer is legally required to appear for questioning under oath (the deposition) and simultaneously provide specific company records (project specifications, emails, source code) that are crucial evidence for the case, directly demonstrating the dual nature of the subpoena.

• Example 3 (Employment Discrimination Case):

  In a lawsuit alleging workplace discrimination, the plaintiff's attorney might issue a deposition subpoena duces tecum to the Human Resources Director of the defendant company. This subpoena would order the HR Director to attend a deposition and bring all employee handbooks, company policies on discrimination and harassment, internal investigation reports, and personnel files of employees in similar roles over a specific period.

  This scenario shows the HR Director being compelled to give a sworn statement (deposition) and also to produce specific company documents (handbooks, policies, investigation reports) that are essential for proving or disproving the discrimination claim, clearly fulfilling the requirements of a "duces tecum" subpoena for a deposition.