What is a Subpoena Duces Tecum and How Does It Apply to My Divorce Case?
A subpoena duces tecum is an order issued by the court to produce specific documents or tangible evidence. In some cases, the subpoena will require the recipient to appear at a hearing with the documents in their possession.
Who can issue a subpoena duces tecum in a family law case?
Three sorts of parties can issue a subpoena duces tecum in a family law case. Those include:
- A lawyer representing a party
- A party representing themselves without a lawyer
- The court, at the request of an unrepresented party
The evidence that the subpoena requests must be somehow relevant to the case.
How do I issue a subpoena duces tecum in a family law case?
- Draft the subpoena – Ordinarily, an attorney would do this for you. The subpoena should explain what evidence is required, the deadline for producing the evidence, and where to send or present the documents.
- Issue the subpoena – Ordinarily, your attorney would issue the subpoena in the court’s name without permission from the court. In most cases, you will serve the recipient of a subpoena by having a neutral third party (such as a sheriff or process server)issue it for you. In some cases, you may be able to send it by mail.
What happens if I refuse to comply with a subpoena duces tecum?
If you or another party refuses to comply with the subpoena duces tecum, the court can sanction you in a variety of ways. These include:
- The court charging you with contempt of court, which can include fines and jail time
- The court assuming that the information that is being withheld is damaging to you in some way and then proceeding accordingly
- The court seizing the requested documents
- The court assessing attorney’s fees to the party who failed to produce the documents
- The court denying or reducing child custody or visitation rights
- The court modifying your legal rights over asset distribution and alimony
What is a subpoena duces tecum used for in family law cases?
- Business records to calculate income
- Retirement accounts for equitable distribution
- Emails and texts that are evidence of abuse
- Employment records to calculate child support and alimony
- Debts and liabilities for equitable distribution
- Financial records for asset distribution
- Insurance information to determine coverage and beneficiaries
- Medical records to determine parental fitness
- Social media content
- Witness statements and depositions
- Professional evaluations or reports, such as psychiatric assessments that could impact custody or visitation
- Property title documents to establish legal ownership
- Records of a child’s extracurricular activities
- Records of gifts and inheritances
- Repair and maintenance records on marital property
- Safety deposit box contents
- School records
- Third party records from banks and employers
- Travel records
Talk to a Tampa, FL Divorce Lawyer Today
The Tampa family law attorneys at Westchase Law, P.A. represent the interests of spouses in divorce cases. Call our office today to schedule an appointment, and we can begin explaining your next steps right away.
