A subpoena duces tecum requires production of designated documents, electronically stored information, or tangible items. It may command production alone or accompany a testimonial appearance.
Rule 45 requires notice to other parties before service.
Alternative Names:
Document Subpoena, SDT
Why it Matters?
The prior notice requirement gives opposing counsel an opportunity to object before the non-party produces, and skipping it can result in the material being stricken. The reasonable steps to avoid burden provision is separately enforced, with courts sanctioning subpoenas seeking everything from a peripheral non-party. Tailoring the request narrows the response time and reduces the likelihood of a motion to quash.
Frequently Confused with
Related terms
Frequently asked questions
What notice is required before service?
What burden obligation applies?
