Subpoenas are commonly used in Buffalo personal injury lawsuits. A subpoena duces tecum is a particular type of subpoena. The phrase is Latin, and roughly translates as “bring it with you under penalty.”
The purpose of a subpoena duces tecum is to obtain documents that may be admissible as evidence and are under the control of the party being subpoenaed. Its use is not limited to the parties in the lawsuit, but instead extends to any party that may have documents relevant to the case. If, however, the party receiving the subpoena feels it is not required to provide some or all of the documents, or that the party that issued the subpoena is merely on a “fishing expedition” in the hopes of finding relevant evidence, it may request that the court not require compliance with the subpoena.
Subpoena duces tecum are used to obtain a variety of documents in personal injury lawsuits. Typical examples include medical records, maintenance reports and contracts.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444.
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