Subpoena Duces Tecum vs. Production of Documents
SUBPOENA DUCES TECUM (RULE 21) vs. PRODUCTION OF DOCUMENTS (RULE 27)
These two court processes are almost the same. First, they are both issued by the court in connection with a pending action. Second, they both involve the production of documents or things. In fact, in some jurisdictions, subpoena duces tecum is loosely translated, to avoid non-English terms, as production of documents. Both may be availed of as modes of discovery, subpoena being allowed by the Rules of Court for depositions.
There are several differences between the two court processes.
First, subpoena duces tecum is addressed to a person. That person, however, is not necessarily a party to the pending action. It could be a witness wanted for his testimony and for documents under his control. It could be a party to the case who also has documents under his control and wanted by the adverse party. Rule 27 of the Rules of Court, however, may only be issued against a party to the pending action. The rule is specific on whom the order may be issued against.
Second, subpoena duces tecum requires the person to bring in, and to bring in only, to the court the documents wanted by the other party. The bringing in of documents to the court is only incidental to his testimony in court. Rule 27, however, requires the party to produce the documents and not necessarily to bring them in. He is required, however, to permit the party wanting the production to inspect and copy the said documents. He is not required by the Rules to bring in the documents. And he is not required to testify. The aim of Rule 27, therefore, is directly to the documents.
Third, the Rules provide that to avail of Rule 27, there must be a pending action in court. The availability of subpoena duces tecum, however, is not limited for the purposes of a pending action. In fact, subpoena duces tecum may be issued by an officer authorized by law to do so in connection with an investigation. This means that even if an action
These two court processes are almost the same. First, they are both issued by the court in connection with a pending action. Second, they both involve the production of documents or things. In fact, in some jurisdictions, subpoena duces tecum is loosely translated, to avoid non-English terms, as production of documents. Both may be availed of as modes of discovery, subpoena being allowed by the Rules of Court for depositions.
There are several differences between the two court processes.
First, subpoena duces tecum is addressed to a person. That person, however, is not necessarily a party to the pending action. It could be a witness wanted for his testimony and for documents under his control. It could be a party to the case who also has documents under his control and wanted by the adverse party. Rule 27 of the Rules of Court, however, may only be issued against a party to the pending action. The rule is specific on whom the order may be issued against.
Second, subpoena duces tecum requires the person to bring in, and to bring in only, to the court the documents wanted by the other party. The bringing in of documents to the court is only incidental to his testimony in court. Rule 27, however, requires the party to produce the documents and not necessarily to bring them in. He is required, however, to permit the party wanting the production to inspect and copy the said documents. He is not required by the Rules to bring in the documents. And he is not required to testify. The aim of Rule 27, therefore, is directly to the documents.
Third, the Rules provide that to avail of Rule 27, there must be a pending action in court. The availability of subpoena duces tecum, however, is not limited for the purposes of a pending action. In fact, subpoena duces tecum may be issued by an officer authorized by law to do so in connection with an investigation. This means that even if an action