What is a subpoena that requires the production of documents and may also require testimony called?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What is a subpoena that requires the production of documents and may also require testimony called?

Explanation:
A subpoena to produce documents, often called a subpoena duces tecum, is the instrument used when the goal is to have specific records or papers brought to court or a deposition. The key idea is that it mandates the production of documents and can also require the person to testify about what’s in those documents if the situation calls for it. This distinguishes it from a subpoena that solely orders testimony (ad testificandum), which doesn’t require bringing documents. A warrant is a different kind of legal process used for arrests or searches, not for compelling document production, and a notice to attend court is simply a court attendance notice that doesn’t on its own compel production of records.

A subpoena to produce documents, often called a subpoena duces tecum, is the instrument used when the goal is to have specific records or papers brought to court or a deposition. The key idea is that it mandates the production of documents and can also require the person to testify about what’s in those documents if the situation calls for it. This distinguishes it from a subpoena that solely orders testimony (ad testificandum), which doesn’t require bringing documents. A warrant is a different kind of legal process used for arrests or searches, not for compelling document production, and a notice to attend court is simply a court attendance notice that doesn’t on its own compel production of records.

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