Subpoena Duces Tecum

Subpoena Duces Tecum

Subpoena Duces Tecum

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 asked questions

What notice is required before service?

What notice is required before service?

Notice to the other parties, which gives them an opportunity to object before the non-party produces anything.

What burden obligation applies?

What burden obligation applies?

Rule 45 requires taking reasonable steps to avoid imposing undue burden, and courts sanction overbroad subpoenas to peripheral non-parties.