What does it mean to issue a Subpoena Duces Techum?
Full Question:
Answer:
A subpoena which requests items be brought with the person is called a "subpoena duces tecum". A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence. Failure to comply with a subpoena may subject a person to being held in contempt of court if it appears the absence was intentional or without cause.
In a criminal case, once the prosecution finishes presenting its case in chief, the defendant must be allowed the opportunity to put on a defense. The Sixth Amendment gives defendants the right to subpoena witnesses and compel the production of evidence favorable to their case. The Sixth Amendment guarantees this right even if an indigent defendant cannot afford to pay the expenses that accompany the use of judicial resources to subpoena evidence. Defendants are under no obligation to testify themselves, as the Fifth Amendment right to remain silent applies during trial just as fully as it does during pre-trial questioning by the police.
The following are Florida statutes:
914.04 Witnesses; person not excused from testifying or
producing evidence in certain prosecutions on ground
testimony might incriminate him or her; use of testimony
given or evidence produced. —
No person who has been duly served with a subpoena or
subpoena duces tecum shall be excused from attending and
testifying or producing any book, paper, or other document
before any court having felony trial jurisdiction, grand
jury, or state attorney upon investigation, proceeding, or
trial for a violation of any of the criminal statutes of
this state upon the ground or for the reason that the
testimony or evidence, documentary or otherwise, required of
the person may tend to convict him or her of a crime or to
subject him or her to a penalty or forfeiture, but no
testimony so given or evidence so produced shall be received
against the person upon any criminal investigation or
proceeding. Such testimony or evidence, however, may be
received against the person upon any criminal investigation
or proceeding for perjury committed while giving such
testimony or producing such evidence or for any perjury
subsequently committed.
914.07 Competency of evidence. —
Except as otherwise provided, the law regarding competency
of evidence and witnesses in civil cases shall apply in
criminal cases.
914.11 Indigent defendants. —
If a defendant in a criminal case is indigent pursuant
to s.27.52 and presently unable to pay the cost of
procuring the attendance of witnesses, the defendant may
seek a deferral of these costs; however, the defendant may
subpoena the witnesses, and the costs, including the cost of
the defendant's copy of all depositions and transcripts
which are certified by the defendant's attorney as serving a
useful purpose in the disposition of the case, shall be paid
by the state. When depositions are taken outside the circuit
in which the case is pending, travel expenses shall be paid
by the state in accordance with s. 112.061 and shall also be
taxed as costs payable to the state.
914.12 Memorandum of recognizance of witness; removal for
violation. —
When a county court judge recognizes a witness to appear
before the grand jury, the judge shall give the witness a
written memorandum stating that the witness is required to
appear before the grand jury and the date when the grand
jury will meet. An intentional failure of a county court
judge to comply with this section, on recommendation of the
grand jury, shall subject the judge to suspension from
office by the Governor.
914.22 Tampering with or harassing a witness, victim, or
informant; penalties. —
(1) A person who knowingly uses intimidation or physical
force, or threatens another person, or attempts to do so, or
engages in misleading conduct toward another person, or
offers pecuniary benefit or gain to another person, with
intent to cause or induce any person to:
(a) Withhold testimony, or withhold a record, document, or
other object, from an official investigation or official
proceeding;
(b) Alter, destroy, mutilate, or conceal an object with
intent to impair the integrity or availability of the object
for use in an official investigation or official proceeding;
(c) Evade legal process summoning that person to appear as a
witness, or to produce a record, document, or other object,
in an official investigation or an official proceeding;
(d) Be absent from an official proceeding to which such
person has been summoned by legal process;
(e) Hinder, delay, or prevent the communication to a law
enforcement officer or judge of information relating to the
commission or possible commission of an offense or a
violation of a condition of probation, parole, or release
pending a judicial proceeding; or
(f) Testify untruthfully in an official investigation or an
official proceeding,commits the crime of tampering with a witness, victim, or
informant.
(2) Tampering with a witness, victim, or informant is a:
(a) Felony of the third degree, punishable as provided in
s. 775.082, s.775.083, or s. 775.084, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a misdemeanor.
(b) Felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a third degree felony.
(c) Felony of the first degree, punishable as provided in
s.775.082, s. 775.083, or s. 775.084, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a second degree felony.
(d) Felony of the first degree, punishable by a term of
years not exceeding life or as provided in s. 775.082,
s. 775.083, or s. 775.084, where the official investigation
or official proceeding affected involves the investigation
or prosecution of a first degree felony or a first degree
felony punishable by a term of years not exceeding life.
(e) Life felony, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084, where the official investigation
or official proceeding affected involves the investigation
or prosecution of a life or capital felony.
(f) Felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, where the offense
level of the affected official investigation or official
proceeding is indeterminable or where the affected official
investigation or official proceeding involves a noncriminal
investigation or proceeding.
(3) Whoever intentionally harasses another person and
thereby hinders, delays, prevents, or dissuades any person
from:
(a) Attending or testifying in an official proceeding or
cooperating in an official investigation;
(b) Reporting to a law enforcement officer or judge the
commission or possible commission of an offense or a
violation of a condition of probation, parole, or release
pending a judicial proceeding;
(c) Arresting or seeking the arrest of another person in
connection with an offense; or
(d) Causing a criminal prosecution, or a parole or probation
revocation proceeding, to be sought or instituted, or from
assisting in such prosecution or proceeding;or attempts to do so, commits the crime of harassing a
witness, victim, or informant.
(4) Harassing a witness, victim, or informant is a:
(a) Misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a misdemeanor.
(b) Felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a third degree felony.
(c) Felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a second degree felony.
(d) Felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, where the official
investigation or official proceeding affected involves the
investigation or prosecution of a first degree felony.
(e) Felony of the first degree, punishable by a term of
years not exceeding life or as provided in s. 775.082,
s. 775.083, or s. 775.084, where the official investigation
or official proceeding affected involves the investigation
or prosecution of a felony of the first degree punishable by
a term of years not exceeding life or a prosecution of a
life or capital felony.
(f) Felony of the third degree, punishable as provided in
s.775.082, s. 775.083, or s. 775.084, where the offense
level of the affected official investigation or official
proceeding is indeterminable or where the affected official
investigation or official proceeding involves a noncriminal
investigation or proceeding.
(5) For the purposes of this section:
(a) An official proceeding need not be pending or about to
be instituted at the time of the offense; and
(b) The testimony or the record, document, or other object
need not be admissible in evidence or free of a claim of
privilege.
(6) In a prosecution for an offense under this section, no
state of mind need be proved with respect to the
circumstance:
(a) That the official proceeding before a judge, court,
grand jury, or government agency is before a judge or court
of the state, a state or local grand jury, or a state
agency; or
(b) That the judge is a judge of the state or that the law
enforcement officer is an officer or employee of the state
or a person authorized to act for or on behalf of the state
or serving the state as an adviser or consultant.