Paralegal Certification PrepLitigationMedium
A paralegal is preparing a subpoena for a witness to testify at trial. In addition to compelling the witness's presence, the attorney also wants the witness to bring specific documents relevant to the case. Which specific type of subpoena should the paralegal prepare?
- ASubpoena duces tecum
- BOrder to show cause
- CWrit of habeas corpus
- DSubpoena ad testificandum
Show answer & explanationAnswer & explanation
Correct answer: A. Subpoena duces tecum
A subpoena duces tecum (Latin for 'under penalty you shall bring with you') specifically compels a witness to appear and to bring designated documents or other tangible evidence.
Why the other options are wrong
- B. An order to show cause is a court order requiring a party to appear and explain why a certain order should not take effect or be granted.
- C. A writ of habeas corpus is a legal order to bring a person before a court, usually to determine if their detention is lawful.
- D. A subpoena ad testificandum only compels a witness to appear and give testimony, not to bring documents.
Subpoena Duces Tecum
A legal writ commanding a person to appear in court or at a deposition and to bring with them specific documents, records, or other tangible evidence relevant to the case.
- Compels both appearance and production of evidence.
- Often used in discovery and for trial witnesses.
- Must specify the documents to be produced with reasonable particularity.
Memory trick: Subpoenas: 'Ad Test' for talk, 'Duces Tecum' for documents and talk.