Legal Definitions - Subpena duces tecum

A Subpoena duces tecum (pronounced "doo-sez tee-kum") is a formal legal order issued by a court or administrative agency. It requires an individual or organization to produce specific documents, records, or other tangible items for use as evidence in a legal proceeding, such as a trial, hearing, or deposition.

Unlike a standard subpoena that compels a person to appear and testify, a Subpoena duces tecum specifically demands the physical production of evidence. The person or entity receiving the subpoena must gather and present the requested items by a specified date and time, unless they have a valid legal reason not to do so.

Here are some examples of how a Subpoena duces tecum might be used:

• Medical Malpractice Case: Imagine a patient is suing a hospital for alleged negligence during a surgery. The patient's attorney might issue a Subpoena duces tecum to the hospital's records department, demanding the production of all medical charts, surgical notes, nurses' logs, and billing records related to that patient's stay. This illustrates the term because the subpoena compels the hospital (an entity not necessarily a party to the lawsuit) to bring specific documents (medical records) to be examined as evidence in the case.

• Business Contract Dispute: Two companies are in a legal battle over a breach of contract. Company A believes Company B failed to deliver goods as agreed and wants to prove this. Company A's legal team could issue a Subpoena duces tecum to Company B, requiring them to produce internal emails, shipping manifests, inventory records, and financial statements that might show their inability to fulfill the contract. This demonstrates the term by showing how one party can legally compel another party to produce specific business documents relevant to the dispute.

• Personal Injury Lawsuit: A person is injured in a car accident caused by a commercial delivery truck. Their attorney might issue a Subpoena duces tecum to the trucking company, requesting maintenance logs for the truck involved, the driver's employment file, training records, and any internal incident reports related to the accident. This example highlights the use of the subpoena to obtain tangible evidence (records and logs) from a third party (the trucking company) that could be crucial in proving fault and damages in the personal injury claim.