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What is an example of a subpoena duces tecum?
For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
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What is a subpoena duces tecum most similar to?
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
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What is the difference between a subpoena and a subpoena duces tectum?
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
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What makes a subpoena duces tecum valid?
This follows the Federal Rules of Civil Procedure. The method of using a subpoena duces tecum is generally valid only to compel a witness to produce documents and other things at the time of the deposition.
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How is a subpoena duces tecum different from an ordinary subpoena?
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
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What is the literal meaning of duces tecum?
Primary tabs. From the Latin duces tecum, meaning "you shall bring with you; subpoena duces tecum is a type of subpoena that requires the witness to produce documents, books, records, or other evidence pertinent to a legal proceeding.
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What is an example of duces tecum?
For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
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How do you object to subpoena duces tecum?
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
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