Types of Subpoenas: Subpoena ad Testificandum vs. Subpoena Duces Tecum

📚 Quick Study Guide

🔍 A Subpoena ad Testificandum compels a person to appear and give testimony. ⚖️ Think of it as a standard witness subpoena. 📝 The focus is on the *testimony* the person will provide.

📁 A Subpoena Duces Tecum compels a person to produce documents, records, or other tangible evidence. 🔑 'Duces Tecum' means 'bring with you'. 🗂️ The focus is on the *evidence* the person will bring.

💡 Both types of subpoenas are issued by a court or administrative agency. 🏛️ Failure to comply with either type of subpoena can result in penalties, including fines or even jail time. ✍️ A motion to quash can be filed if the subpoena is deemed unreasonable or oppressive.

Practice Quiz

1. Which type of subpoena primarily requires a person to appear and give testimony?
   1. A. Subpoena Duces Tecum
   2. B. Subpoena ad Testificandum
   3. C. Writ of Certiorari
   4. D. Habeas Corpus
2. What does 'Duces Tecum' literally mean?
   1. A. To speak the truth
   2. B. Bring with you
   3. C. Under penalty
   4. D. Show cause
3. A subpoena compelling the production of financial records would be classified as:
   1. A. Subpoena ad Testificandum
   2. B. Subpoena Duces Tecum
   3. C. Summary Judgment
   4. D. Prima Facie
4. What might happen if someone ignores a valid subpoena?
   1. A. They will be immediately arrested.
   2. B. They may face fines or jail time.
   3. C. Nothing, subpoenas are merely suggestions.
   4. D. They receive a congratulatory letter.
5. Which action can someone take if they believe a subpoena is too burdensome?
   1. A. Ignore it completely.
   2. B. File a motion to quash.
   3. C. Write a strongly worded letter.
   4. D. Publicly denounce the subpoena.
6. If a witness is called to testify about events they witnessed, which subpoena is likely to be used?
   1. A. Subpoena Duces Tecum
   2. B. Subpoena ad Testificandum
   3. C. Writ of Mandamus
   4. D. Bill of Attainder
7. Which of the following is NOT typically required on a subpoena?
   1. A. Name of the court
   2. B. Date, time, and place of appearance
   3. C. Social Security Number of the witness
   4. D. Name of the person being subpoenaed