Legal Definitions - Subpoena duces tecum

A subpoena duces tecum is a formal legal command issued by a court or administrative body. It requires an individual or entity to appear at a specific time and place (such as a deposition, hearing, or trial) and to bring with them specific documents, records, or other tangible evidence that are relevant to an ongoing legal proceeding.

Here are some examples to illustrate how a subpoena duces tecum is used:

• Example 1: Civil Litigation

  In a personal injury lawsuit resulting from a car accident, the plaintiff's attorney believes the defendant's cell phone records from the time of the accident could prove distracted driving. The attorney could issue a subpoena duces tecum to the defendant's cell phone provider, compelling the company to produce call logs and data usage records for the specific date and time of the incident. This illustrates how a third party (the cell phone provider) is legally required to provide specific documents (call logs, data usage) relevant to the case.

• Example 2: Criminal Investigation

  During a criminal investigation into alleged embezzlement, a prosecutor suspects that a particular bank account was used to transfer stolen funds. The prosecutor could issue a subpoena duces tecum to the bank where the account is held, demanding all statements, transaction histories, and wire transfer records for that specific account over a defined period. This shows the legal system compelling a financial institution to provide critical financial documents needed as evidence in a criminal matter.

• Example 3: Regulatory Enforcement

  An industry regulatory body is investigating a company for potential violations of consumer protection laws, specifically regarding misleading advertising claims. The agency could issue a subpoena duces tecum to the company's marketing director, requiring them to produce all advertising materials, internal communications, and customer complaint records related to the specific product in question. This demonstrates how an administrative body can use this legal tool to gather necessary documentation for its enforcement actions.