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Lat.: under penalty. A writ issued under authority of a court to compel the appearance of a witness at a judicial proceeding; disobedience may be punishable as contempt of court. SUBPOENA AD TESTIFICANDUM: subpoena to testify. Technical name for the ordinary subpoena. SUBPOENA DUCES TECUM: under penalty you shall bring it with you. Type of subpoena issued by a court at the request of one of the parties to a suit. A witness having under his or her control documents relevant to the controversy is enjoined to bring such items to court during the trial or at the deposition. EXAMPLE: Several years ago. Wynn was a marketing consultant to a large firm. The firm is being sued by a company that claims the firm gave it false information. Wynn is not personally being sued, but is issued a subpoena duces tecum to testify at the trial and bring with him any papers relevant to the firm's relationship with the company. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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