(suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm) a court order requiring
a witness to bring documents in the possession or under the control of the witness
to a certain place at a certain time. This subpena must be served personally on
the person subpenaed. It is the common way to obtain potentially useful evidence,
such as documents and business records, in the possession of a third party. A subpena
duces tecum must specify the documents or types of documents (e. g. "profit and
loss statements of ABC Corporation for years 1987 through 1995, all correspondence
in regard to the contract between ABC Corporation and Merritt") or it will be subject
to an objection that the request is "too broad and burdensome. " To obtain documents
from the opposing party, a "Request for Production of Documents" is more commonly
used. Failure to respond to a subpena duces tecum may subject the party served with
the subpena to punishment for contempt of court for disobeying a court order.
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