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The subpoena duces tecum is most commonly used in criminal cases. It can be imposed by either the prosecution or defense, where either needs to prove its case by presenting evidence stored in another location. A subpoena duces tecum is a court order requiring someone to bring documents or evidence to a hearing.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
The rule states that, a subpoena duces tecum can be quashed upon motion made promptly.
The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.
A copy of the signed subpoena duces tecum, together with the attorneys certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the adverse party and to the clerks office of the court in which the case is pending on the day of issuance by the attorney.