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A Deposition Subpoena differs from the Subpoena DucesTecum in that the documents and testimony requested are part of the discovery process before trial and may not be used in an actual court hearing.
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.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney/party whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
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).
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
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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.
Subpoena Duces Tecum Without Deposition (a) When Witness Has Option To Furnish Records Instead of Attending Deposition; Issuance.
□ Guide to Discovery: The Subpoena Duces Tecum □ What is a Subpoena Duces Tecum? A subpoena duces tecum is a request to a non-party to. produce or permit the inspection of documents or things related. to the claims or defenses in your case.

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