A Subpoena Duces Tecum is a special type of subpoena that can be issued to any person by a party. It asks the witness to not only appear in court to testify, but also to bring records, books, or documents with him or her. The documents can be admitted into court as evidence because the person bringing the documents can testify as to their authenticity.

Sometimes, the lawyer only needs the documents and can issue a certification for the witness to sign. The witness sends the documents and the certification to the court clerk, and the documents remain in the court file until it is time for court. So long as the seal has not been broken, the documents can be authenticated for entry into evidence.

Formal Discovery Tools