A subpoena duces tecum is a specific type of subpoena that requires someone to produce documents, records, or other tangible evidence for a legal proceeding. In Latin, “duces tecum” means “you shall bring with you.” It is not just a request to appear in court; rather, it’s a demand to bring physical or digital materials that can serve as evidence.
While this type of subpoena is often used in civil and criminal cases, it also plays an important role in family law matters. In Louisiana, parties involved in divorce, child custody, child support, or other family law disputes may use a subpoena duces tecum to obtain financial documents, medical records, or school reports to support their claims.
How Is a Subpoena Duces Tecum Used in Family Law?
Facts matter in a family law case, as do the records supporting those facts. A subpoena duces tecum can be used to obtain documents that the other party may not voluntarily provide.
Some examples include:
- Tax returns to show income for child or spousal support
- Bank or credit card statements that reflect marital spending
- Employment records verifying salary or work history
- Phone records relevant to custody disputes
- Medical records to establish a parent’s health condition
- School attendance and performance reports for children
A subpoena like this helps ensure the court has accurate information before making life-changing decisions. If one party refuses to turn over key records during the discovery process, the other party’s lawyer can issue a subpoena duces tecum to compel the release of those records.
Who Can Receive a Subpoena Duces Tecum?
A subpoena duces tecum may be directed at a person, a company, or even a government agency. In Louisiana, an attorney can issue subpoenas in civil cases without prior court approval. But if you are representing yourself, you will likely need a court order to obtain one.
Some common recipients of these subpoenas in family law include:
- Employers
- Banks and credit unions
- Health care providers
- Cell phone carriers
- Schools
- Therapists or counselors
Keep in mind that some records are protected by privacy laws. For example, medical records are governed by HIPAA, and schools must comply with FERPA. To access these materials, the subpoena might need to be accompanied by a signed authorization or a judge’s order allowing disclosure.
How to Comply with or Challenge a Subpoena Duces Tecum
If you receive a subpoena duces tecum, you are legally obligated to comply unless you have a valid reason to object. Failing to respond could result in contempt of court charges.
You do have options if you believe the subpoena is improper. You may file a motion to quash or modify the subpoena if:
- It asks for documents that are irrelevant to the case
- It’s overly broad or burdensome
- It invades personal privacy or seeks privileged information
- It was not properly served
If you’re unsure how to respond, it’s best to consult with a family law attorney. Ignoring a subpoena or handing over too much can both hurt your case.
How a Family Law Attorney Can Help With a Subpoena Duces Tecum
Whether you are sending or receiving a subpoena duces tecum, a family lawyer can guide you through the process and protect your interests.
Here are a few ways a Louisiana family law attorney can help:
- Drafting a subpoena with a legally appropriate scope and language
- Filing the subpoena with the court, if needed
- Ensuring proper service on the correct party or institution
- Challenging an improper subpoena with a motion to quash
- Reviewing documents for compliance and privilege
- Using the gathered records to support your claim or defense
In a heated family law dispute, critical evidence can make or break your case. Working with an experienced lawyer can help you use this legal tool effectively while avoiding pitfalls.
When Might a Subpoena Duces Tecum Be Necessary?
You might need a subpoena duces tecum if the other party refuses to cooperate or fails to produce key documents during discovery. For example, if your ex says they can’t pay child support but won’t provide income verification, a subpoena may be needed to obtain payroll records.
Similarly, if you’re concerned about your child’s safety while in the other parent’s care, phone or medical records may help support your claim in court. These subpoenas are a way to level the playing field when one side can access information that the other needs to present a full and fair case.
Contact Our Shreveport Family Lawyer for a Confidential Consultation
Subpoenas duces tecum are powerful legal tools in Louisiana family law. They allow you to gather evidence when the other side won’t share voluntarily. But like any legal instrument, they must be used correctly. If misused, they can delay your case, violate privacy rights, or even result in sanctions.
Whether you’re trying to issue a subpoena or you’ve received one and need to know your rights, working with an experienced family law attorney at Knight Law Firm in Shreveport, LA, is one of the best steps you can take. Contact us today at 318-569-8469 to get started with your case.
