Subpoena dues tecum

UPDATED: Oct 2, 2022

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Subpoena dues tecum

My ex-husband’s lawyer issued subpoena dues tecum to my bank to appear in court Witt specific documents. The bank did not appear in court on specific date with documents. I just learned the bank directly gave my ex-husband’s lawyer the documents directly. Can those documents be used in court? The bank didn’t appear in court with the documents and the subpoena dues tecum was sent to the bank by the lawyer to appear in court with documents not directly produce then to the lawyer.

Asked on August 10, 2019 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A subpoena duces tecum is a subpoena for the production of documents or other things. Unlike a subpoena ad testificandum, which requires a physical presence on the indicarted date and live testimony, a duces tecum can be complied with by turning the materials over to the subpoenaing party.

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