What does a subpoena duces tecum require?

• A. A subpoena requiring a witness to appear and testify in court.
• B. A subpoena requiring a party to bring documents or records to court.
• C. A notice of hearing accompanying civil process.
• D. A subpoena for production of records outside of court.

Answer: (B)

The main idea is that a subpoena duces tecum commands someone to produce documents. The phrase literally means “bring with you,” and it is used to require the recipient to bring specific documents or records to court or to a deposition. This is different from a subpoena ad testificandum, which orders someone to appear and testify. So the best answer is the one that describes bringing documents or records to court.