What is a 'duces tecum' subpoena?

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A 'duces tecum' subpoena is a specific type of legal order that compels an individual or entity to produce documents, records, or other materials pertinent to a legal proceeding. This term derives from Latin, translating to "bring with you." The main purpose of such a subpoena is to ensure that relevant documentary evidence is made available to the court or involved parties during litigation or investigation.

The importance of a 'duces tecum' subpoena lies in its ability to gather evidence that may not be readily available to the party seeking it. For example, it can be used to obtain business records, emails, or any documents that could provide critical insights into a case. The enforceable nature of this legal order allows courts to obtain necessary evidence that can influence the outcome of a trial or legal matter.

Other options mention different legal proceedings, such as a request for the accused to appear before the court, a notification of charges, and directives for witnesses to testify. While these all play vital roles in the legal process, they do not specifically pertain to the production of documents or materials, which is the defining characteristic of a 'duces tecum' subpoena.

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