What Is a Subpoena Duces Tecum?

A subpoena duces tecum is a court order to produce specified documents or tangible evidence. Sometimes, but not always, the subpoena also requires the recipient to appear at a hearing or deposition in possession of the requested documents.

Who Can Issue a Subpoena Duces Tecum?

Three types of parties can issue a subpoena duces tecum in a family law case:

  • A lawyer who represents one of the parties;
  • A party representing themselves without a lawyer; or
  • The court, typically at the request of an unrepresented party.

The evidence requested by the subpoena must be relevant to the case.

How To Issue a Subpoena Duces Tecum

Take the following steps to issue a subpoena duces tecum:

  • Draft the subpoena. Typically, you would have your attorney draft it for you. The subpoena should detail the evidence required, the deadline for producing it, and where to send or present the documents.
  • Typically, your attorney can issue the subpoena in the court’s name without specific permission from the court.
  • Most of the time, you serve the recipient of a subpoena by having a neutral third party, such as a sheriff or a certified process server. In some cases, you can send it by mail.

The recipient of a subpoena duces tecum can be another party to the case or a third party, such as a bank, that possesses relevant evidence.

The Uses of a Subpoena Duces Tecum in Florida Family Law Cases

A subpoena duces tecum can be used to obtain:

  • Business records, to determine a spouse’s income from self-employment or ownership interest.
  • Details of pension and retirement accounts.
  • Emails and texts that evidence marital abuse.
  • Employment records, to calculate child support or alimony.
  • Evidence of debts and liabilities.
  • Financial records from a spouse, so that you can accurately calculate your share upon divorce.
  • Insurance information, to determine coverage and beneficiaries.
  • Medical records, to determine a parent’s fitness for child custody.
  • Membership records from clubs or organizations (a country club membership, for example) to demonstrate spending habits relevant to alimony or child support.
  • Photographs, videos, or social media content.
  • Pre-existing witness statements or depositions.
  • Professional evaluations or reports, such as psychiatric assessments, that could impact custody or visitation.
  • Property title documents, to clarify the legal ownership and value of marital assets.
  • Records of a child’s extracurricular activities to demonstrate the need for parental support.
  • Records of gifts or inheritances to establish non-marital assets that should not be shared.
  • Repair and maintenance records for marital property to assess the condition and value of real estate or other significant assets.
  • Safety deposit box contents or records, to reveal hidden assets.
  • School records, to evaluate a child’s educational needs.
  • Third-party records, from sources such as banks or employers.
  • Travel records, to prove absentee parenting or vacations taken using marital funds.

The recipient of a subpoena duces tecum might also be required to submit to cross-examination at a deposition or to answer interrogatories.

The Consequences for Refusal To Comply With a Subpoena Duces Tecum

You should not deliberately refuse to comply with a subpoena duces tecum. The court has a variety of ways to sanction you, including:

  • Charging you with contempt of court: Under certain circumstances, you can go to jail for this.
  • Fining you: These fines may increase every day that your refusal continues.
  • Seizing the requested documents.
  • Making adverse inferences: The court might simply assume that withheld evidence would be unfavorable to you and proceed accordingly.
  • Assess the other side’s attorney’s fees and costs against you, to the extent that they spent this money trying to get you to comply with the subpoena.
  • Denying or reducing child custody or visitation rights. 
  • Modifying your legal rights concerning asset distribution or alimony.

An experienced Florida family law attorney might be able to negotiate the subpoena’s terms or even challenge it in court.

You Shouldn’t Try To Handle a Contentious Family Law Case on Your Own

Sometimes, parties to a family law dispute can resolve their differences amicably. Even then, however, it’s best for each party to hire their own lawyer. When proceedings get contentious, this advice applies twice. After all, the outcome of your family law case might affect you for decades to come.

Contact Our Family Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803