When you are involved in a Florida business lawsuit, you may be served with discovery, including a subpoena duces tecum. If you are unfamiliar with this type of discovery request, it’s important to understand what it is and what you are required to do. So, what is a subpoena duces tecum?
What is a Subpoena Duces Tecum?
A subpoena duces tecum is a legal instrument that orders a person to produce potential evidence to a participant in a legal case. The document will either require the recipient to:
- deliver the requested documents or evidence to the summoning party or
- summon the recipient to appear in person with the documents in hand.
Does a Subpoena Duces Tecum Require the Recipient to Testify?
In Florida, a subpoena duces tecum does not always require that the recipient testify. For instance, if you were to receive a subpoena duces tecum without deposition, that type of subpoena would expressly state, “THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.” You may also receive a subpoena duces tecum with deposition. This subpoena requires the recipient to appear with records and give testimony at a deposition.
What kinds of Records Will I Need to Bring?
When a party is served with a subpoena duces tecum in a business lawsuit, they may be asked to gather and provide business records such as:
- Accounting records
- Computer files
- Bank statements
- Contracts
- Books
What Happens if I Fail to Comply with a Subpoena Duces Tecum?
Depending on the circumstances, if you are served with a subpoena duces tecum with or without a deposition and fail to appear, you may face legal and financial consequences. However, just because a party serves you with a subpoena duces tecum, that does not necessarily mean that the document is valid or that you must comply. You will have a certain number of days after service to file an objection to the subpoena. Doing so puts the other party and court on notice that you intend to resist the document’s directives.
A subpoena duces tecum is one form of discovery in a Florida business lawsuit. You may also be served with requests for production, interrogatories, requests for admission, and a deposition notice. All of these devices can be used to gather information and evidence.
Being served with a subpoena duces tecum can have significant implications for parties and non-parties to a Florida business lawsuit. If you are served with this type of subpoena, the law limits your time to respond and protect your interests. In addition to responding on time, you will also need to object in a manner that protects your interests and complies with Florida law.
If you have been served with a Florida subpoena duces tecum, you should contact an experienced Florida business attorney as soon as possible to review the document and discuss your options.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.