Duces Tecum
Literal meaning: “You shall bring with you.”
What does the Latin term "Duces Tecum" mean in law?
Duces tecum is a type of subpoena that commands the recipient to produce documents, records, or other tangible evidence in their possession or control. A subpoena duces tecum differs from a subpoena ad testificandum, which compels a person to appear and give oral testimony. The subpoena duces tecum is a critical discovery tool that enables parties to obtain evidence held by non-parties. The recipient may challenge the subpoena through a motion to quash if the request is unduly burdensome, seeks privileged material, or is not relevant to the litigation.
Source: Procedure · Legal Latin
Legal Definition
Duces tecum is a type of subpoena that commands the recipient to produce documents, records, or other tangible evidence in their possession or control. A subpoena duces tecum differs from a subpoena ad testificandum, which compels a person to appear and give oral testimony. The subpoena duces tecum is a critical discovery tool that enables parties to obtain evidence held by non-parties. The recipient may challenge the subpoena through a motion to quash if the request is unduly burdensome, seeks privileged material, or is not relevant to the litigation.
How It's Used
Duces tecum is almost always used as part of the phrase 'subpoena duces tecum.' It is a standard litigation tool for compelling document production from witnesses and third parties. It appears in civil procedure and evidence courses.
Example Sentences
The attorney issued a subpoena duces tecum to the bank, requiring production of three years of the defendant's financial records.
The subpoena duces tecum was quashed because it sought documents protected by the physician-patient privilege.
A subpoena duces tecum was served on the corporation's registered agent, demanding all emails related to the merger.