Also known as: subpoena duces tecum
Written by attorneys · grounded in primary & secondary sources — see below
A command included in a subpoena directing the recipient to bring specified documents or tangible things to a deposition or hearing. The command ensures advance written notice of the materials to be produced so that the deponent and all parties can prepare.
Investors led by Olivia Perez noticed the deposition of MetroBank CFO Daniel Ross in a securities fraud suit. They attached a schedule to the notice listing draft earnings decks, internal messages, and audio files. The attachment satisfied the requirement that materials designated for production appear in the notice or an attachment when a subpoena duces tecum is used.
A district court issued a subpoena duces tecum to the President directing production of tape recordings and documents from conversations with aides. The President moved to quash the subpoena on privilege grounds. The court enforced the command because the materials were relevant and the subpoena met procedural requirements.
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A grand jury issued a subpoena duces tecum to a Senator's legislative assistant seeking notes and recordings compiled during legislative work. The assistant moved to quash the subpoena under the Speech or Debate Clause. The court examined whether the command reached protected legislative materials.
A grand jury served a subpoena duces tecum on reporter Earl Caldwell requiring production of notes and recordings from interviews with Black Panther Party members. Caldwell moved to quash the subpoena on First Amendment grounds. The court assessed whether the command to produce the materials could be enforced against a journalist.
A special prosecutor obtained a subpoena duces tecum directing the President to produce tape recordings of conversations with aides. The President moved to quash the subpoena asserting absolute executive privilege. The court upheld the command after balancing the need for the evidence against the privilege claim.
A nonresident plaintiff sought records through a state court action and learned that Virginia procedures include subpoenas duces tecum for document production. The plaintiff argued that denial of access violated the Privileges and Immunities Clause. The court noted that the command to produce documents remained available on equal terms to citizens and noncitizens.
The materials designated for production must be listed in the deposition notice or in an attachment to that notice. This requirement gives the deponent and all parties advance written notice of exactly what must be brought to the deposition.
Supporting sources
Yes. When the deponent is a party, the noticing party may accompany the deposition notice with a Rule 34 request to produce documents and tangible things at the deposition. The request must still identify the materials with reasonable particularity.
Supporting sources
The listing requirement is not satisfied when the materials appear only in the subpoena and not in the notice or an attachment to the notice. A court may deny a motion to compel or grant a protective order quashing the subpoena on that ground.
Supporting sources
…of the President of the United States in United States v. Mitchell et al. (D.C. Crim. No. 74-110), to quash a third-party subpoena duces tecum issued pursuant to Fed. R. Crim. P. 17(c). The subpoena directed the President to produce certain tape recordings and documents relating to his conversations with aides and advisers. The…