What is a subpoena duces tecum?

A subpoena duces tecum is a court order that requires someone to produce certain documents or records. In Oregon, this type of subpoena is typically used in civil cases, such as divorce or landlord-tenant disputes. It’s commonly used to obtain documents or other evidence that might be used in court. A subpoena duces tecum will contain details regarding what documents the court wants to be produced as well as a date and time for the person to appear in court. If the person does not appear, a judge may issue an order to compel their attendance. It is important to note that a subpoena to appear in court is not the same as a subpoena duces tecum. Generally, a subpoena duces tecum in Oregon must be served to the person in question prior to the date the documents need to be produced. If the person in question objects to the subpoena, they may file a motion to quash the subpoena with the court. If a person fails to comply with a subpoena duces tecum, the court may impose a fine or issue a criminal penalty. It is important to keep in mind that a subpoena duces tecum means that you are under a legal obligation to provide documents to the court. If you don’t, the court may find you in contempt of court.

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