What is a subpoena duces tecum?
A subpoena duces tecum is a type of court order issued by a court in West Virginia that requires a person to produce certain documents or records at a specified time and place. The documents or records can be physical documents, digital documents (electronic records), or a combination of both. The court order specifies what documents or records the person must produce, including a detailed explanation of what the documents or records are and where they are located. The subpoena duces tecum is used in civil and criminal legal proceedings, and failure to comply with the order can result in serious legal consequences. In West Virginia, the subpoena is typically issued by the court in response to a Section A motion from either the plaintiff or defendant, or as part of a discovery request. It is important to note that the documents or records cannot be destroyed or withheld, and must be provided to the court.
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