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A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law. [33] A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof. [34] In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that ...
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. [ 3 ] Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority.
WASHINGTON — A subpoena recently issued to ... that the office of the sergeant at arms for the House of Representatives has been served with a grand jury subpoena for documents issued by the U.S ...
The ACLU based its allegation on a review of more than 1,000 documents provided by the Defense Department. The Department of Justice Office of Inspector General later determined it was the Department of Defense (not the FBI) that had lawfully obtained the information under the National Security Act of 1947 , not by an NSL.