New York State Private Investigator Practice Exam

What is a subpoena duces tecum?

1. A document summoning a witness for questioning

2. A command for a witness to produce documents relevant to a trial

3. A request for oral testimony only

4. A summary of witness statements

The correct answer is: A command for a witness to produce documents relevant to a trial

A subpoena duces tecum is a legal order that commands an individual to produce documents, records, or other tangible evidence relevant to a legal proceeding or investigation. This type of subpoena is crucial in gathering evidence necessary for trials or hearings, allowing parties involved in a case to obtain essential information that may not be readily available otherwise. In contrast to a general subpoena, which merely summons a person to testify, a subpoena duces tecum specifically focuses on the production of documents or materials. This specificity in its scope marks its difference from other types of subpoenas, such as those that might only request oral testimony or summarize witness statements. Understanding this distinction is vital for those engaged in investigations and legal processes, as it underscores the procedural requirements and legal authority involved in evidence retrieval.