A subpoena duces tecum is a command requiring a witness or other recipient to produce documents, records, or other evidence for a legal proceeding. It is a specific type of Subpoena focused on production rather than testimony alone.

The Latin phrase duces tecum means “you shall bring with you,” reflecting the order to bring designated materials to the required place or produce them as directed.

Subpoena Duces Tecum Explained

Cornell Wex explains that a subpoena duces tecum requires a witness to produce documents, books, records, or other evidence pertinent to a legal proceeding. The DOJ glossary gives the shorter core meaning: a command to a witness to produce documents.

The Term Subpoena Duces Tecum in Different Legal Contexts

This kind of subpoena may be used in civil litigation, criminal cases, and other proceedings where a party needs records or physical evidence. Compliance is governed by the relevant procedural rules, including the rules that protect against undue burden, privilege, or overbroad requests.

A subpoena duces tecum may require production at a hearing, trial, deposition, or by another authorized method of production.

Common Misconceptions About the Meaning of Subpoena Duces Tecum

A common misconception is that every subpoena only requires live testimony. A subpoena duces tecum is specifically aimed at producing documents or other materials.

Another misconception is that recipients must always comply exactly as issued. Courts may quash, modify, or limit subpoenas that are improper or overly burdensome.