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What is the difference between a subpoena and duces tecum?

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.

What is the subpoena rule in PA?

Rule 234.1. Subpoena to Attend and Testify. (a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.

What is the meaning of duces tecum?

Subpoena is a command in the form of written process requiring a witness to come to court to testify. Subpoena ad Testificandum: A summons to appear somewhere and give testimony. Subpoena Duces Tecum: A summons to appear somewhere and to bring something (take something) with you and to possibly give testimony too.

What is the main reason attorneys use a subpoena duces tecum?

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.

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