What is a subpoena duces tecum?

A subpoena duces tecum is a legal document issued by a court in Delaware requiring a person to bring certain documents or other items to court. It is typically issued to someone who is not a party to the case, such as a witness, or to a third party who has possession of documents or other materials that are relevant to the case. The Latin phrase “duces tecum” literally means “bring with you.” When someone is served with a subpoena duces tecum, they are required to bring the documents or other items requested to the court on the date indicated in the document. The court may order the person to testify to the documents or to answer questions about them. In Delaware, failure to comply with a subpoena duces tecum can result in a fine, or even jail time, depending on the circumstances. The person served may also be required to pay the costs incurred by the person who requested the service of the subpoena duces tecum. In order to avoid potential penalties, it is important to comply with the subpoena and bring the requested documents to court on the date indicated.

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