Philadelphia Pennsylvania Subpoena Duces Tecum
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FAQ
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).
A subpoena is issued by the court and is served by the sheriff of the court. The attorney who requested the subpoena to be issued may also, as a courtesy, deliver a copy of the subpoena to you or make contact with you regarding the subpoena before the sheriff of the court delivers a copy to you.
Subpoenas for the production of documents shall be served no later than 5 work days prior to hearing.
A subpoena duces tecum is used to produce a document or piece of evidence. It summons the recipient to either 1) deliver the requested documents or evidence to be used in an upcoming hearing or trial, or 2) appear in person at the courthouse to present such evidence.
Subpoenas for the production of documents shall be served no later than 5 work days prior to hearing.
A subpoena may be served upon any person within the Commonwealth by a competent adult (1) by handing a copy to the person; or (2) by handing a copy (a) at the residence of the person to an adult member of the family with whom the person resides; but if no adult member of the family is found, then to an adult in charge
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
The physical process for domesticating a subpoena in Pennsylvania (be it a subpoena to appear and testify or a subpoena to produce documents and things) generally only requires the filing of a civil cover sheet, a praecipe to domesticate, the foreign subpoena, and a listing of counsel in the foreign matter.