Small Claims Court - Subpoena Duces Tecum Subpoena Duces Tecum - guamselfhelp 2025

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Notice of a motion to quash or modify a subpoena duces tecum must be served on the witness and the deposition officer at least 5 days before the date set for production of the subpoenaed records. CCP 1985.3 (g) (amended eff 1/1/13); CCP 1985.6 (f) (amended eff 1/1/13).
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.
Subpoena. An order to appear at a particular place and time. A subpoena duces tecum requires a person to produce certain documents or things. Adjudicate. To hold a formal hearing about an issue and then decide it.
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 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.
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Witness Subpoena: The Subpoena Ad Testificandum is the most common type of subpoena.