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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.
During his trial, the government refused to produce documents relied upon by prosecution witnesses who were FBI informants, a move that prompted the passage of the act. Clinton Jencks starred in the 1954 movie Salt of the Earth which was a dramatized version of his struggles organizing labor.
A subpoena commands a person to give testimony, to produce documents for inspection and copying, or both. Although included in the Chapter headed "trials", subpoenas can also be used to obtain document production or depositions of non-parties to the litigation during the pre-trial discovery stage.
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. The United States court system is divided into three systems; federal, tribal, and state.
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.
WASHINGTON — A subpoena recently issued to the House sergeant at arms pertains to a Democratic lawmaker and his or her use of federal funds for a security vendor, two sources familiar with the ...
However, the requestor then may file a motion to compel discovery to ask the court to order the responding party to produce documents. The rules governing requests for the production of documents vary from jurisdiction to jurisdiction; in the U.S. Federal court system, such requests are governed by Rule 34 of the Federal Rules of Civil ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...