Legal Definitions - duces tecum

Duces Tecum is a Latin phrase that translates to "bring with you." In a legal context, it refers to a specific type of court order, typically a subpoena duces tecum, which compels an individual or entity to appear before a court, administrative body, or at a deposition, and to bring with them specific documents, records, or other physical evidence relevant to a legal proceeding.

Essentially, while a standard subpoena requires a person to appear and testify, a subpoena duces tecum adds the crucial requirement to produce particular items of evidence. This ensures that relevant information is made available for examination by the parties involved in a case.

Here are some examples illustrating how duces tecum applies:

• Personal Injury Lawsuit: Imagine a person is suing a negligent driver for injuries sustained in a car accident. The plaintiff's attorney might issue a subpoena duces tecum to the hospital where the plaintiff received emergency treatment. This order would compel the hospital to provide all medical records, diagnostic test results (like X-rays or MRI scans), and billing statements related to the plaintiff's injuries. These documents are vital for proving the extent of the injuries and the associated costs.

  This example demonstrates duces tecum because the hospital is not just asked to send a representative, but specifically ordered to "bring with them" (produce) the detailed medical documentation relevant to the case.

• Business Contract Dispute: In a lawsuit between two companies regarding an alleged breach of contract, one company might suspect the other withheld crucial financial information. They could issue a subpoena duces tecum to the opposing company's Chief Financial Officer (CFO). This order would require the CFO to appear for a deposition and to bring specific financial ledgers, bank statements, internal communications, and project budgets from a particular period. These records could reveal whether the contract terms were violated.

  Here, the duces tecum compels the CFO to appear and, more importantly, to "bring with them" the specific financial and communication records that are central to proving or disproving the contract breach.

• Criminal Investigation: During a police investigation into a robbery at a convenience store, prosecutors might issue a subpoena duces tecum to the store owner or manager. This order would compel the owner/manager to provide security camera footage from the store covering the time of the robbery, as well as sales receipts from that period. This evidence could help identify suspects, track their movements, or confirm details of the crime.

  This scenario illustrates duces tecum because the store owner/manager is legally required to "bring with them" (produce) the physical evidence of the security footage and sales records, which are critical for the criminal investigation.