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A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
A request for production is a legal request for documents, electronically stored information, or other tangible items made in the course of litigation. In civil procedure, during the discovery phase of litigation, a party to a lawsuit may request that another party provide any documents that it has that pertain to the subject matter of the lawsuit.
Look up subpoena in Wiktionary, the free dictionary. A subpoena ( / səˈpiː.nə /; [1] also subpœna, supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
Jencks Act. In the United States, the Jencks Act ( 18 U.S.C. § 3500) requires the prosecutor to produce a verbatim statement or report made by a government witness or prospective government witness (other than the defendant), but only after the witness has testified. Jencks material is evidence that is used in the course of a federal criminal ...
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests. The United States court system is divided into three systems; federal, tribal, and state.
History. Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to ...
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties by means of methods of discovery such as interrogatories, requests for production of documents, requests for admissions ...
Petitioner sought to compel production of signed statements and memoranda. Respondent granted names of those who had provided statements, but refused to produce documents. The court ordered his imprisonment, but stayed the order pending appeal. Respondent appealed to the Court of Appeals for the Third Circuit, and the production order was reversed.