Building a Case with Subpoena Duces Tecum in NYC: How to Use This Privilege to Build Your Case

Civil and criminal cases are delicate, and litigators in New York build them by filing a subpoena for pieces of evidence and statements.

There three kinds of subpoena issued by NYC courts:

  1. Ad testificandum, which calls a witness to the court hearing (subpoena to testify)
  2. Information subpoena, which is a legal request for information
  3. Duces tecum, which requires specified documents and writings be brought to court (subpoena for records)

Of these three…

The Nature of Subpoena Duces Tecum

A subpoena duces tecum is a type of court order that requires a witness to produce and bring specific physical evidence. This is often used in conjunction with a subpoena ad testificandum: both compels a witness to bring documents that could help support his or her testimony. You can file for subpoenas to testify and for records for a civil litigation in New York when a deposition has been scheduled.

The documents requested must be relevant to the case, something that will be determined by the attorneys and judges involved. Should the other party make a compelling argument that a document is irrelevant to the outcome of the case, then the subpoena may be denied.

What Documents Can You Request?

Each case is unique, and there’s no telling what kind of document or data could be critical. But there are types of documents that are so commonly asked for that they’ve become routine.

These commonly requested materials include the following:

  • The case notes
  • Copies of any report that the expert has written
  • Copies of any report the expert prepared or that was prepared by their direction
  • Any form of communication the expert had with anyone about the case, such as emails, notes, or summarized phone call
  • The retainer or contract for the expert
  • Scientific articles that were used to make conclusions regarding the case
  • Scientific texts, professional publications, or technical articles that relate to the expert’s testimony or were used in forming their opinion
  • Copies of anything published by the expert
  • The expert’s complete files on the case
  • Any document or data that the expert used to draw their conclusions, even data and information shared by the party’s attorney, if these were used to form their conclusions
  • Copies of the expert’s curriculum vitae or any license and membership

However, some forms of data are protected even from a subpoena duces tecum. There are ways it can be denied or circumvented.

What Kind of Data is Protected?

Privileged information, such as those between doctors and their patients, is deemed protected data. Another way a document or information can be considered beyond the scope of a subpoena duces tecum is if it’s unreasonably inaccessible or costly to do so. Certain types of electronically stored information could be very difficult to access and cause undue burden, which an attorney may argue to circumvent the subpoena.

Every piece of information is a much-needed tool to achieve success in every case. With the documents provided by a subpoena duces tecum, you can make a stronger case in a New York court.

A Substitute Subpoena

Filing a subpoena for records is ideal if your witnesses are reluctant to be on the stand. The witness can supply the physical

Timely Legal Support Services in New York

Serve Index LLC provides you with timely and accurate legal assistance services to help with your work. Our skilled team of process servers and public notaries provide such services as skip tracing, process service of subpoenas, and court filing.

Call us today and connect with one of the most trusted process service providers in New York.

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