Production/Inspection v. Duces Tecum
Below is a table showing the differences between production or inspection orders and subpoenas duces tecum.
Production or Inspection of
Documents or Things
|
Subpoena Duces Tecum
|
Nature:Essentially a mode of discovery |
Means of compelling production of evidence |
Subject of the order:The Rules are limited to the parties to the action. |
May be directed to a non-party |
Time:May be asked before or during trial |
May be asked only during trial |
Resolution of the motion:The order under this Rule is issued only upon motion with notice to the adverse party. |
May be issued upon an ex parte application. |
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