Also known as: subpoenas duces tecum · duces tecum · document subpoena
Written by attorneys · grounded in primary & secondary sources — see below
A writ commanding a person to appear before a court or other tribunal and to bring specified documents, records, or things.
Investors led by Olivia Perez noticed the deposition of MetroBank CFO Daniel Ross in a securities fraud suit. They attached a schedule to the notice listing draft earnings decks and internal messages for Ross to produce. The attachment satisfied the requirement that designated materials appear in the notice or an attachment when a subpoena duces tecum issues.
A grand jury issued a subpoena duces tecum to a senator's legislative aide seeking notes and recordings from legislative work. The aide moved to quash on speech or debate grounds. The court evaluated whether the documents fell within the clause's protection before enforcing production.
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A special prosecutor served a subpoena duces tecum on President Nixon for tape recordings of Oval Office conversations. Nixon claimed absolute executive privilege. The Court balanced the privilege claim against the need for the evidence in a criminal trial and ordered production.
A grand jury issued a subpoena duces tecum to a witness for business records. The witness moved to suppress the documents on Fourth Amendment grounds. The Court held that the exclusionary rule does not apply to grand jury proceedings and enforced the subpoena.
A grand jury subpoena duces tecum required a reporter to produce notes and recordings of interviews with Black Panther members. The reporter claimed a First Amendment privilege. The Court rejected a reporter's privilege and upheld the subpoena's enforcement.
Plaintiffs served a subpoena duces tecum on defense counsel seeking witness statements taken in anticipation of litigation. Counsel objected on work product grounds. The Court recognized qualified protection for such materials and required a showing of need before ordering production.
A subpoena duces tecum requires the recipient to produce designated documents or things in addition to appearing. A subpoena ad testificandum requires only testimony. The distinction appears in both civil and criminal rules governing compulsory process.
Yes. When a subpoena duces tecum will be served on the deponent, the materials must be listed in the notice or an attachment. This ensures advance notice to all parties and the deponent.
A grand jury subpoena duces tecum enjoys a presumption of reasonableness. The recipient bears the burden to show unreasonableness. Courts rarely quash on relevance alone because the grand jury's investigative role is broad.
The contents of preexisting documents are generally not protected by the Fifth Amendment. The act of production may be protected if it implicitly authenticates the documents or admits their existence and control.
…only final decisions of the district courts. Ordinarily, orders denying motions to quash and requiring production pursuant to subpoenas duces tecum are not final and hence not immediately appealable; the usual procedural path is to comply or risk contempt to secure review. The finality requirement serves to avoid piecemeal appeals and…