Criminal Subpoena Duces Tecum in Federal Cases
A subpoena duces tecum is a legal order that requires a person to produce documents or physical evidence for a hearing or trial. Such subpoenas can be issued by a court or by other entities, such as grand juries or administrative agencies.
A subpoena duces tecum (SDT) is a court order requiring a person to appear in court and bring specific documents or records.
These are most frequently used in criminal cases. An SDT can be issued by the prosecution or defense, each needing to present evidence stored elsewhere to support their case.
A subpoena duces tecum is a legal order requiring someone to present specific documents or evidence at a hearing or trial in a criminal case.
As mentioned, an SDT can be issued by either a prosecutor or the defendant to seek proof or summon a witness.
Key Takeaways
- A subpoena duces tecum differs from a regular subpoena because it only requires the production of physical evidence, whereas a regular subpoena mandates a person's appearance at a specific time and place.
- A subpoena duces tecum does not obligate the person to testify as a witness in a deposition or trial; it simply requires them to produce the requested evidence.
- A subpoena duces tecum remains a strong legal tool. Non-compliance can lead to contempt of court charges and serious consequences, such as jail time.
- A subpoena duces tecum is intended to compel the production of evidence relevant to the case. In federal criminal trials, it ensures that crucial evidence supporting a person's case is available and not hidden.
- A subpoena duces tecum can assist both prosecutors and the defendant. For instance, if you're under investigation for a federal crime and authorities suspect evidence is on your computer, they might issue a subpoena duces tecum requiring you to submit the computer for inspection.
- If charged with a crime and someone has evidence like video footage showing you weren't at the scene, your defense attorney can subpoena them to present it in court.
- If you receive a subpoena duces tecum and don't comply, you risk contempt of court, which can lead to fines, jail, or a bench warrant if you fail to appear.
What Is the Function of a Subpoena Duces Tecum?
A subpoena duces tecum is typically delivered by a law enforcement officer, but it can also be served by certified mail or other lawful means.
It must be personally delivered, sent by mail, or left at the individual's home or business with a suitable adult or person of discretion. Additionally, the person serving the subpoena must give the individual a copy of the order.
To be valid, a subpoena duces tecum must be properly served on the intended recipient and adhere to relevant procedural rules.
For instance, in federal criminal cases, it must follow Rule 17 of the Federal Rules of Criminal Procedure, which requires it to "state the court's name and the title of the proceeding" and "include the seal of the court."
If a subpoena is improperly formatted or not properly served, the recipient has the right to challenge it.
Anyone served with a subpoena duces tecum must submit the requested documents to the judge, who will then hold a hearing to decide if the requester is entitled to obtain the materials.
Examples of information and documents SDT might request include emails, texts, phone records, tax returns, photos, bank statements, employment records, and DNA evidence.
An SDT must specify the requested documents or evidence and explain their importance to the case, along with a statement confirming that the witness possesses them.
How Can Someone Object?
You can oppose a subpoena duces tecum on various grounds, such as improper service, procedural errors, privileges like attorney-client, irrelevance, undue burden, or improbability of admissible evidence. You can challenge a subpoena on several grounds.
For instance, you might object if the subpoena was not correctly served on you or if it fails to follow the relevant procedural rules. You can also argue that the requested evidence is privileged (such as attorney-client privilege), or that it is irrelevant, overly burdensome, or unlikely to produce admissible evidence.
Recognizing these grounds can help you feel more empowered in your legal rights and responsibilities. If you want to object to a subpoena duces tecum, do so promptly and follow the procedural rules. In federal criminal cases, for instance, you must submit a written objection within 14 days after being served.
Reasons to Request an SDT
An SDT can be used to obtain relevant records that might be hard to access or to compel a party holding crucial information to cooperate, especially if they are withholding it.
Additionally, an SDT can be requested to challenge a witness's testimony by demonstrating previous inconsistent statements or to help a witness recall details by allowing them to review documents before testifying.
Readers should be aware that an SDT can be issued only if there is probable cause to believe the requested information is relevant and material to the case. Your defense lawyer must provide a strong reason for the request and demonstrate that it is likely to be beneficial.
Once the SDT is served, the witness is granted a reasonable amount of time to collect the requested materials and present them in court. Contact Cron, Israels & Stark for a case review.