Which discovery tool demands production of documents or records from a witness?

Which discovery tool demands production of documents or records from a witness?

• A. Subpoena duces tecum
• B. Subpoena
• C. Summons
• D. Interrogatories

Answer: (A)

A subpoena duces tecum is the tool that requires production of documents or records. The phrase “duces tecum” means “bring with you,” so this type of subpoena is specifically used to compel a witness or nonparty custodian to produce documents, records, or other tangible items for inspection at a deposition or court proceeding. By contrast, a regular subpoena mainly compels attendance and sworn testimony, not the production of documents. A summons is simply an order to appear in court for a case, and interrogatories are written questions to be answered in writing—neither of these obligates the production of documents.

A subpoena duces tecum is the tool that requires production of documents or records. The phrase “duces tecum” means “bring with you,” so this type of subpoena is specifically used to compel a witness or nonparty custodian to produce documents, records, or other tangible items for inspection at a deposition or court proceeding. By contrast, a regular subpoena mainly compels attendance and sworn testimony, not the production of documents. A summons is simply an order to appear in court for a case, and interrogatories are written questions to be answered in writing—neither of these obligates the production of documents.