Paralegal Certification PrepLitigationHard
A paralegal is assisting an attorney with a complex business litigation case. The attorney needs to compel a non-party witness to appear for a deposition and bring specific financial records related to the case. What type of document should the paralegal prepare to ensure both the witness's presence and the production of the documents?
- ARequest for Production of Documents
- BInterrogatories
- CSubpoena Duces Tecum
- DSubpoena ad Testificandum
Show answer & explanationAnswer & explanation
Correct answer: C. Subpoena Duces Tecum
A Subpoena Duces Tecum is specifically designed to compel a witness to appear and to bring specified documents or tangible evidence with them. If only appearance were needed, it would be a Subpoena ad Testificandum.
Why the other options are wrong
- A. A Request for Production of Documents is for parties to the lawsuit, not non-party witnesses.
- B. Interrogatories are written questions for parties, not to compel non-party witnesses or document production.
- D. A Subpoena ad Testificandum compels a witness's attendance to testify, but not the production of documents.
Subpoena Duces Tecum
A legal writ compelling a witness to appear in court or at a deposition and to bring with them specified documents, records, or other tangible evidence relevant to the proceedings.
- Used to obtain both testimony and physical evidence.
- Can be issued to both parties and non-parties.
- Must specifically list the documents or items to be produced.
Memory trick: Compel attendance and documents for discovery.