What is a subpoena duces tecum?
A subpoena is a document that commands a person to testify at a trial or deposition and/or to produce documents specifically demanded. A subpoena duces tecum differs from a subpoena ad testificandum in that the former “requires production of books, papers and other things,” whereas the latter “requires the attendance of a person to give testimony.”
How do I serve a subpoena in New York State?
The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum.
Can a party to an action serve a subpoena?
A party to this action can NOT serve a subpoena. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum.
What is an expert witness subpoena?
A Subpoena is a legal document that commands the person named in the subpoena to appear in Court. An expert witness may NOT be compelled to testify by subpoena, but you have the option of paying the expert witness the expert witness‘ fee for coming to Court to testify.
A “subpoena” is a paper that commands a person to appear before a court. A “subpoena duces tecum” compels an individual to appear and bring with him certain records. This article is intended to provide an overview of what to do when you receive a subpoena duces tecum.
Who can issue a subpoena to produce documents?
Any attorney for a party (which would include a prosecutor), judge, magistrate, or the clerk of superior court for the county where the proceeding will be held may issue a subpoena to produce documents.
Can a subpoena be used to compel a person to testify?
The person named in the subpoena is not being compelled to testify, but rather to produce and authenticate the specified records. If the state also needs the person to testify, the prosecutor should subpoena the person for that purpose as well. See State v.
Can documents not subject to the Criminal discovery statute be subpoenaed?
Johnson, 57 F.3d 1305 (4th Cir. 1995) (“another alternative for the production of documents not subject to the criminal discovery statute is the use of a subpoena duces tecum“ ); State v. Newell, 82 N.C. App. 707 (1986) (“documents not subject to the criminal discovery statute may still be subject to a subpoena duces tecum ”).