What is a subpoena duces tecum?

A subpoena duces tecum is a court order used in Texas and other jurisdictions that requires a person or an entity to produce certain documents or items for use in a court trial or hearing. Under Texas law, any witness or entity that is served a subpoena duces tecum must comply with the order within the timeframe specified by the order or risk being held in contempt of court. A subpoena duces tecum is typically issued when a party in the trial or hearing needs to access documents or items that are in the witness’ or entity’s possession. It can also be used to obtain financial records, emails, or other digital information. By issuing the subpoena duces tecum, the court is essentially asking the witness or entity to bring the documents to court, though the documents may also be delivered to the party that requested them. The party requesting the information must also cover all costs associated with obtaining the documents or items, such as copying and mailing costs. Additionally, the requesting party may be subject to further sanctions if they fail to adhere to the subpoena duces tecum’s terms. Depending on the circumstances, a person who fails to comply can be held in contempt of court or may even face criminal charges.

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