Subpoena Duces Tecum - Public Employment Relations Board 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the name, address, and telephone number of your attorney(s) in the designated fields at the top of the form.
  3. Fill in the case number where indicated to ensure proper identification of your legal matter.
  4. In the section labeled 'TO:', specify the individual or entity being subpoenaed.
  5. Complete the details regarding the date, time, and location for appearance. Ensure accuracy as this is crucial for compliance.
  6. List all documents that must be produced by the recipient under their custody or control in the provided space.
  7. If applicable, include any special agreements regarding alternative appearance times with relevant contact information.
  8. Finally, sign and date the document at the bottom to validate it before sending it out.

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A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
The short answer is yes. A subpoena effectively operates as a court order directing the recipient to provide requested documents or to appear in person to provide testimony. 1 In some jurisdictions, a subpoena must be issued by a court; in others, attorneys may issue the subpoena as officers of the court.
Subpoena duces tecum means a subpoena for the production of evidence which requires the witness to produce documents, records, or other tangible objects for examination at a trial or hearing. Duces tecum in Latin means, you shall bring with you.
Object to the subpoena when appropriate. You may not have to provide all requested documents and/or you may not have to testify. Your attorney can help you understand your obligations and may be able to narrow the scope of the subpoena by negotiating with the party that issued the subpoena.
You cant get out of a subpoena without appearing to testify or to produce a document or for whatever reasons you were subpoenaed, except the court no longer deem it necessary and lifts the subpoena, otherwise, you must have to appear in court.

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For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
If there are concerns with the subpoena, contact the issuing party sooner, rather than later, to see if you can work out an informal resolution. For example, if you need additional time to pull responsive documents from storage, let the issuing party know and try to agree on a new date, time, and manner of production.

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