What is a subpoena duces tecum?

A subpoena duces tecum is a legal document that orders a person to appear in court to produce documents or physical evidence related to a court case. In Virginia, a subpoena duces tecum may be issued in criminal and civil cases. It is commonly issued to witnesses or individuals with knowledge relevant to the case. Once issued, the individual must appear in court on the date specified in the subpoena and bring with them relevant documents or other evidence. If the individual fails to appear in court or does not bring the required materials, they may face a contempt charge, which could result in a fine or even jail time. A subpoena duces tecum is very different from a subpoena ad testificandum, which requires the individual to testify but not produce any documents or physical evidence. In criminal cases, a subpoena duces tecum is usually issued to non-parties who may have information relevant to the case. For example, a defendant may issue a subpoena duces tecum to the police department for the officer’s notes after an arrest. In short, a subpoena duces tecum is a legal document that requires an individual to appear in court on a specified date and to bring documents or physical evidence related to a court case. It is commonly issued in criminal and civil cases and failing to comply with the subpoena can result in a contempt charge.

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