QQuestionCivil Law
QuestionCivil Law
What is the difference between a subpoena and subpoena duces tecum?
There is no difference.
Subpoena duces tecum is just an old-fashioned term for subpoena.
A subpoena duces tecum requires that documents and records be brought to court.
A subpoena requires that an individual appear in court.
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Answer
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Step 1:: Understand the terms
A subpoena is a legal document issued by a court to compel someone to do something, typically to appear in court as a witness. A subpoena duces tecum is also a legal document issued by a court, but it requires the person to produce documents or tangible objects in court.
Step 2:: Compare and contrast
While both subpoenas and subpoena duces tecums are legal documents issued by a court, they serve different purposes. A subpoena is used to compel a person to appear in court as a witness, while a subpoena duces tecum is used to compel a person to produce documents or tangible objects in court.
Step 3:: Clarify misconceptions
There is a common misconception that subpoena duces tecum is just an old-fashioned term for subpoena. However, this is not accurate. While both are legal documents issued by a court, they have different purposes, as explained in Step 2.
Final Answer
A subpoena and a subpoena duces tecum are both legal documents issued by a court, but they serve different purposes. A subpoena is used to compel a person to appear in court as a witness, while a subpoena duces tecum is used to compel a person to produce documents or tangible objects in court.
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