What is a subpoena duces tecum?

A subpoena duces tecum is a type of court order that can be issued during civil and criminal proceedings in Washington. This type of subpoena orders the recipient to bring a specified document, or documents, to court to be reviewed by the judge. The purpose of a subpoena duces tecum is to ensure that all potential evidence is made available for consideration by the court. For example, if a party to a civil suit files a subpoena duces tecum, the recipient may be required to produce certain documents such as contracts, emails, or financial records in order to answer questions or clarify certain issues. The documents that are requested must be relevant to the case or topic being heard before the court. Failure to comply with a subpoena duces tecum may result in civil or criminal penalties. In criminal proceedings, a subpoena duces tecum may be issued to compel a witness to bring documents, records, or other items that may be useful as evidence before the court. The documents or items may be used to corroborate or disprove a claim or piece of evidence offered by either party as part of their case. In Washington, a subpoena duces tecum is a powerful tool that can be used to ensure that all potential evidence is made available for consideration by the court. If you are issued a subpoena duces tecum, it is important to consider seeking legal advice to better understand the obligations imposed by the subpoena.

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