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Topic: Subpoena duces tecum

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	Subpoena Duces Tecum
		SUBPOENA DUCES TECUM: Compels a person(s) to appear in court and to bring with them books, documents or other tangible property which may be in their possession, as is described in the subpoena.
		Subpoenas are also issued by the Clerk, signed, sealed, and otherwise blank, to Federal agencies and attorneys.
		The subpoena is then returned to the court through the United States Marshal for the issuing district.
	www.usmarshals.gov /process/subpoena-tecum.htm (221 words)

	liibulletin: Grand Jury subpoena duces tecum
		The Museum moved to quash the subpoena, based on the theory that the subpoena duces tecum violated Arts and Cultural Affairs Law § 12.03.
		To force the Museum to produce the painting in compliance with the subpoena duces tecum constituted seizure because it was meaningful interference with the lender's possessory interests.
		Second, the decision limited the use of a subpoena duces tecum, defining it as an impermissible form of seizure, for the purposes of § 12.03.
	www.law.cornell.edu /nyctap/comments/i99_0126.htm (1419 words)

	liibulletin: Grand Jury subpoena duces tecum
		The Museum moved to quash the subpoena, based on the theory that the subpoena duces tecum violated Arts and Cultural Affairs Law § 12.03.
		Whether the effect of a subpoena duces tecum for a piece of artwork under Arts and Cultural Affairs Law § 12.03 constitues a seizure.
		Second, the decision limited the use of a subpoena duces tecum, defining it as an impermissible form of seizure, for the purposes of § 12.03.
	straylight.law.cornell.edu /nyctap/comments/i99_0126.htm (1419 words)

	Subpoena duces tecum - Wikipedia, the free encyclopedia
		In law a subpoena (literally "under punishment") is a court order requiring a person's appearance, also (in some jurisdictions) called a summons.
		It is similar to subpoena ad testificandum (writ of summons to testify) but it includes clauses to bring in hand books, papers, etc. for the court.
		In certain US jurisdictions which have de-emphasized the use of foreign words and phrases in court terminology, this type of subpoena is also called a "subpoena for production of evidence".
	en.wikipedia.org /wiki/Duces_tecum (164 words)

	[No title]
		Subpoenas and subpoenas duces tecum may only be issued upon a majority vote of the members of the committee, must be issued in the name of the committee, and must be signed by the committee chairman or the presiding officer who may administer oaths to witnesses.
		Subpoenas and subpoenas duces tecum which are issued for a joint study committee of the General Assembly must be cosigned by both the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
		Subpoenas and subpoenas duces tecum which are issued by a standing committee of the Senate must be cosigned by the President Pro Tempore of the Senate.
	www.scstatehouse.net /code/t02c069.doc (673 words)

	MSSNY - Disclosure Subpoenas
		A subpoena (for testimony) or a subpoena duces tecum (for documents) for use at trial, generally, does not raise the concerns as a subpoena or subpoena duces tecum for disclosure purposes.
		Subpoena Duces Tecum Served Prior to September 1, 2003 Where a party seeks to obtain disclosure from a non-party witness, Article 31 of the CPLR provides differing procedures depending upon whether a deposition is sought from the non-party witness.
		The use of the subpoena duces tecum to attempt to compel disclosure from a non-party to a proceeding, without adherence to CPLR 3120(b) is both improper and abusive, and has been criticized by the courts.
	www.mssny.org /mssnyip.cfm?c=f&nm=Disclosure_Subpoenas_ (1589 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Any person who is subpoenaed and required to give a deposition shall be entitled to receive the same witness fees and mileage as if the subpoena required him or her to attend and testify before a court in which the action or proceeding is pending.
		When a subpoena duces tecum is served upon a custodian of records or other qualified witness as provided in Article 4 (commencing with Section 1560) of Chapter 2 of Division 11 of the Evidence Code, and his personal attendance is not required by the terms of the subpoena, Section 1989 shall not apply.
		Disobedience to a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe an affidavit or deposition when required, may be punished as a contempt by the court issuing the subpoena.
	caselaw.lp.findlaw.com /cacodes/ccp/1985-1997.html (4227 words)

	vwc.state.va.us The Virginia Workers' Compensation Commission (Site not responding. Last check: 2007-11-07)
		Rule 1.8(F) allows that "subpoenaed records may be made returnable to the requesting party or, at the direction of the Commission, to the Clerk of the Commission or to a regional office.
		Subpoenas Duces Tecum Requests should be filed at least 15 days before hearing and the subpoena shall describe with particularity the materiality of the documents or articles to be produced.
		Of course, such subpoenas may still be requested from and issued by the clerk of the circuit court of the community in which attendance is desired, or by the Commission.
	www.vwc.state.va.us /subp_info.htm (902 words)

	RMP-10, Instructions for Responding to Subpoena
		These requirements are inapplicable to subpoena duces tecum which do not request the records of any particular consumer and which require the custodian to delete information which would identify the consumer whose records are to be produced.
		Deposition Subpoena Service of a deposition subpoena for records exempt from public disclosure shall be accompanied by a copy of proof of service of a notice to the employee whose records are sought, or by written authorization from the employee to release the records.
		Quashing or Modifying a Subpoena Duces Tecum An employee whose personal records are sought by a subpoena duces tecum may (prior to the date they are to be produced) bring a motion to quash or modify the subpoena duces tecum.
	www.ucop.edu /ucophome/policies/bfb/rmp10.html (4089 words)

	Observations on abuses of the subpoena. New York Divorce and Family Law, the definitive site about divorce, child ...
		A subpoena duces tecum is not a disclosure device, nor may it be used as a substitute for pretrial disclosure.
		The subpoena was duly served, and, when the assistant principal did not comply, respondent moved to have her held in contempt.
		The Court stated that generally, a subpoena duces tecum may not be used for the purpose of discovery or to ascertain the existence of evidence.
	www.brandeslaw.com /litigation_and_procedure/abuses_subpoena.htm (1692 words)

	Ethics Opinion 86: Use of Subpoenas in Civil Proceedings, 05/19/90; Addendum Issued 1995; Revised 01/17/98 - Ethics ... (Site not responding. Last check: 2007-11-07)
		Pursuant to the Rules of Civil Procedure, the witness on whom a subpoena is served is not required to disclose the information or documents for which he or she has been subpoenaed until the proceeding at which the witness has been commanded to appear.
		The use of a subpoena duces tecum in discovery in a civil action to obtain documents or other tangible things from a witness without notice to the other parties or their counsel knowingly in violation of the Rules of Civil Procedure violates the Rules of Professional Conduct and is unethical.
		Every subpoena shall state the name of the court, and the title of the action; and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
	www.cobar.org /group/display.cfm?GenID=1807 (2075 words)

	Ethics Opinion 102: Use of Subpoenas in Criminal Proceedings, 03/21/98 - Ethics Committee - Colorado Bar Association (Site not responding. Last check: 2007-11-07)
		For instance, if the person upon whom the subpoena duces tecum is served thinks it is unreasonable or oppressive, he or she may apply to the court to quash the subpoena.
		This is clearly a misuse of Rule 17(c) subpoenas, the primary purpose of which is to expedite criminal proceedings or trials by providing a time and place before the proceeding or trial for all the parties and their attorneys to inspect material which may be used as evidence.
		In a criminal proceeding, the witness on whom a subpoena duces tecum is served is not required to disclose the information for which he or she has been subpoenaed except at the proceeding at which the witness has been commanded to appear.
	www.cobar.org /group/display.cfm?GenID=1823 (1378 words)

	New York State Workers' Compensation Board
		A subpoena or subpoena duces tecum may be signed and issued by the chairman, a member of the board, referee or such officer as may be designated by the chairman.
		A subpoena or subpoena duces tecum may also be signed and issued by any attorney and counselor at law appearing before the board on behalf of a claimant or other party.
		The place of return listed in the body of the subpoena duces tecum is usually specified by the party who issues the subpoena, and is generally the issuing attorney’s office or the court in which the present action is pending.
	www.wcb.state.ny.us /content/main/SubjectNos/sn046_129.htm (1075 words)

	SUBPOENAS
		subpoena is a written order issued by a court, an officer of the court (this can be an attorney) or an administrative agency requiring a witness to testify at a trial or deposition.
		subpoena duces tecum is a written order requiring a witness to testify and produce documents or records for use as evidence.
		Often, the subpoena duces tecum is accompanied by a letter providing the option of supplying certified copies of the original documents in lieu of appearing at a deposition.
	www.washington.edu /admin/ago/subpoenasinfoI.htm (203 words)

	Subpoena Duces Tecum
		The records are usually those of the plaintiff, but an attorney may issue a subpoena for the records of any person whose medical condition is an issue in the lawsuit.
		Since subpoenas may be issued without the approval of the court, physicians should ensure that they are valid before releasing records by calling the issuing attorney and determining the circumstances of the case.
		If the attorney is requesting records for persons other than his or her client, the physician may want to ask his or her own attorney to investigate the validity of the request.
	biotech.law.lsu.edu /Books/lbb/x67.htm (268 words)

	UCLA Procedure 120.1: Producing Records Under Subpoena Duces Tecum and Deposition Subpoenas
		The Subpoenaing Party is required by law to serve the Named Individual a Notice to the Consumer (See Attachment B) not less than 10 days prior to the date for the production of records, plus the additional time provided in Section 1013 of the Code of Civil Procedure if service is by mail.
		Subpoena : A writ or order directed to a person requiring their attendance to appear at a particular time and place to testify as a witness, which may also require that the witness bring with them specified records.
		Subpoenaing Party : The person or persons causing a Subpoena to be issued or served in connection with any civil action requiring a witness to appear or records to be produced.
	www.adminvc.ucla.edu /appm/public/app_0120_1.html (1787 words)

	STATE OF MINNESOTA
		Send or deliver your written request for a subpoena or subpoena duces tecum to the judge assigned to your case at the Office of Administrative Hearings, 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401.
		An adult who is not a party to the case must deliver the subpoena and the required fee to the person or the home of the person you want to subpoena.
		The adult who serves the subpoena for you must give you a written statement of exactly when and where the subpoena was served, and to whom the subpoena and fee were handed.
	www.oah.state.mn.us /forms/sub-inst.html (987 words)

	Ethics Opinon 1987-3, San Diego County Bar Association
		II When records are subpoenaed to court pursuant to a subpoena duces tecum and mistakenly delivered to a party rather than the court, that party has an obligation to return the records to the sender without reading or copying the records.
		The knowing review by an attorney of any records mistakenly delivered to a party pursuant to a subpoena duces tecum in either criminal or civil proceedings may constitute an invasion of privacy of the subject of the records and may be a violation of the attorney's ethical obligation.
		Use of a subpoena duces tecum to intentionally obtain and review confidential records, without a waiver of the privilege, may be a violation of the law governing physician-patient privilege.
	www.sdcba.org /ethics/ethicsopinion87-3.html (936 words)

	Rules of Practice and Procedure
		Requests for subpoenas and subpoenas duces tecum must be made to the administrative law judge assigned to the proceeding.
		(c) Service of a subpoena or subpoena duces tecum must be made by delivering a copy to the witness personally, giving or offering to the witness at the same time, if demanded by him or her, the fees to which he or she is entitled under Public Utilities Code § 1791 (see Government Code § 68093).
		Anyone who disobeys a subpoena or subpoena duces tecum issued pursuant to Rule 59.2 may be found to be in contempt of superior court and punished accordingly, as provided in Public Utilities Code §§ 1792 and 1793.
	www.cpuc.ca.gov /PUBLISHED/RULES_PRAC_PROC/26592-20.htm (679 words)

	The Virginia Coalition for Open Government - Attorney General's Opinion 1991 #081
		Such subpoena shall command either (1) that the individual to whom it is addressed shall appear in person and with the items described either before the court or the clerk or (2) that such individual shall deliver the items described to the clerk.
		The subpoena may direct that the writing or object be produced at a time before the trial or before the time when it is to be offered in evidence.
		A subpoena duces tecum is available to compel the production of material evidence from someone who is not a party to the legal action.
	www.opengovva.org /content/view/432/4 (1491 words)

	Subpoenas
		A subpoena is a writ, a written order, issued by a court which commands a person to appear in court or before a grand jury, a congressional committee, or administrative agency at a specific place and time.
		A subpoena duces tecum, also known as a subpoena for production of evidence, literally means "bring with you under penalty," and it commands a person to appear at a particular location to bring a specified item for use or examination in a legal proceeding.
		Subpoena literally means "under penalty," and a failure to comply with a subpoena can result in a legal penalty, as noncompliance constitutes contempt of court.
	research.lawyers.com /Subpoenas.html (765 words)

	Non-Parties are in Contempt of Court
		If the non-parties were unhappy with the subpoena duces tecum they should have filed written objections, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service.
		Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
		The non-parties choice to ignore the subpoena prevents the Plaintiffs from prosecuting their case in a timely manner and adds considerable confusion to the issues and adds considerable expense to the case.
	www.fa-ir.org /alabama/cs/motion_strike_doc138.htm (1013 words)

	In Re Subpoena Duces Tecum to America Online Inc.
		AOL is the person/entity being required to produce documents under the subpoena and, therefore has standing to challenge the subpoena, according to the plain language of Rule 4:9(c).
		However, it is unclear whether the first prong requires that a subpoena be reasonable (a) with respect to the burdens placed upon the entity challenging the subpoena or (b) with respect to all of the circumstances surrounding the subpoena.
		Therefore, this Court holds that the legal standard to be applied when ruling on a motion to quash a subpoena under Rule 4:9(c) is whether the subpoena is (I) an unreasonable request in light of all the circumstances surrounding the subpoena (2) that produces an oppressive effect on the entity challenging the subpoena.
	pub.bna.com /eclr/40570.htm (4012 words)

	7th JD (Site not responding. Last check: 2007-11-07)
		A Subpoena Duces Tecum is a legal document that directs someone to produce a bill, receipt, or other written document or record you need for the Court proceeding.
		Except where the travel is entirely within a city, a subpoenaed witness is entitled to 23 cents a mile as travel expense to and from the Court from the place he or she was served the Subpoena.
		Service of the Subpoena may be done by any person (including a friend or relative) who is 18 years of age or older, except that you or any other party to the action may not serve the Subpoena.
	www.courts.state.ny.us /courts/7jd/city_civil/civilsubpoenas.shtml (401 words)

	10/24/02 denying Winter/A.G. Edwards intervention and Staff's motion for subpoena (Site not responding. Last check: 2007-11-07)
		On October 16, 2002, the Staff of the Commission filed a motion for the issuance of a subpoena duces tecum.
		The Commission has reviewed Staff’s second request for the issuance of a subpoena duces tecum, along with the official case file, and determines that the motion should be denied.
		The October 22 Motion to Intervene notes that Staff has filed a motion requesting that the Commission issue a subpoena duces tecum to A.G. Edwards and Sons, Inc. employee Timothy M. Winter so that he can be deposed and directed to produce a number of documents.
	www.psc.state.mo.us /orders/10242424.htm (1084 words)

	[No title] (Site not responding. Last check: 2007-11-07)
		A subpoena is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness.
		When served with a civil subpoena duces tecum, records should not be released unless all of the procedural requirements are met.
		Prior to the production of records, the subpoenaing party must either serve the employer proof of compliance with the requirements regarding notice to the employee whose records are sought, or furnish the employer a written authorization to release the records signed by the employee or by his attorney of record.
	www.losrios.edu /legal/subpoenas7-2000.htm (253 words)

	Heating, Piping, Air Conditioning: Subpoena Duces Tecum.(legal document that requires a party to presentevidence that ... (Site not responding. Last check: 2007-11-07)
		Subpoena Duces Tecum.(legal document that requires a party to presentevidence that can be used or inspected by a tribunal)
		A Subpoena Duces Tecum is a legal document that requires a party to appear in court with a piece of evidence that can be used or inspected by the tribunal.
		A duces tecum writ was initiated by a state agency against a mechanical contractor as part of an investigation to find out if the contractor had complied with a prevailing wage law in Ohio.
	highbeam.com /library/doc0.asp?docid=1P1:28951014&refid=ink_tptd_mag (268 words)

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