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Multiple Choice

Which subpoena requires the witness to produce documents or evidence in addition to testifying?

The key idea is that some subpoenas command only a witness to appear and testify, while others also force the production of documents or evidence. The one that requires bringing documents or evidence in addition to testifying is the subpoena that literally says to bring with you the records. This is known as a subpoena duces tecum, where “duces tecum” means “bring with you.” It is used when the court or attorney needs the witness to produce specific documents, records, or other tangible items at the time of appearance, so both testimony and documentary evidence are available for examination. In contrast, a subpoena ad testificandum is limited to compelling the witness to appear and testify, with no inherent requirement to bring documents. A Notice to Appear is simply a directive to appear, often without a formal command to produce papers. A Writ of Possession governs the transfer of property and is not about obtaining testimony or documents from a witness.

The key idea is that some subpoenas command only a witness to appear and testify, while others also force the production of documents or evidence. The one that requires bringing documents or evidence in addition to testifying is the subpoena that literally says to bring with you the records. This is known as a subpoena duces tecum, where “duces tecum” means “bring with you.” It is used when the court or attorney needs the witness to produce specific documents, records, or other tangible items at the time of appearance, so both testimony and documentary evidence are available for examination.

In contrast, a subpoena ad testificandum is limited to compelling the witness to appear and testify, with no inherent requirement to bring documents. A Notice to Appear is simply a directive to appear, often without a formal command to produce papers. A Writ of Possession governs the transfer of property and is not about obtaining testimony or documents from a witness.