What Is Subpoena Duces Tecum?

What Is Subpoena Duces Tecum? What Is a Subpoena and How Is It Delivered?

A subpoena is a legal document that orders someone to appear in court or produce evidence. A subpoena duces tecum specifically commands a person to deliver documents or records. To serve a subpoena or deliver a subpoena properly, professional process servers ensure legal procedures are followed, especially in jurisdictions like Houston.

What Is a Subpoena?

A subpoena is a formal, court-issued order that legally compels a person to:

  • Appear in court to provide testimony

  • Deliver physical or digital documents

  • Comply with specific legal requests during litigation

Subpoenas are essential for gathering evidence and ensuring cooperation from witnesses or third parties in civil, criminal, and administrative cases.

How Process Servers Identify Someone Avoiding Service of Process?
© Houston Process Servers LLC. All rights reserved

What Is Subpoena Duces Tecum?

The term subpoena duces tecum is Latin for “bring with you under penalty.” This specific type of subpoena requires a person or entity to produce documents, records, files, or other physical or electronic evidence.

Examples of documents requested with a subpoena duces tecum may include:

  • Financial records

  • Employment files

  • Phone or email communications

  • Medical records

  • Surveillance videos

This type of subpoena is commonly used in business litigation, family law, criminal defense, and insurance disputes.

Subpoena Types: Quick Comparison Table

Type of Subpoena Purpose Recipient Action
Subpoena Ad Testificandum Requires an individual to appear in court and provide testimony Show up at the designated court date
Subpoena Duces Tecum Requires documents or evidence to be produced Submit the required documents or files

How to Serve Subpoena Duces Tecum

To serve a subpoena duces tecum, you must follow local legal procedures to ensure it’s enforceable. In most jurisdictions, including Texas, personal delivery is preferred.

Steps to Deliver Subpoena Duces Tecum:

  1. Obtain a Signed Subpoena – Issued by a court or an attorney.

  2. Hire a Certified Process Server – Only authorized professionals can serve subpoenas in many states, including Texas.

  3. Make Timely Attempts – The recipient must be given enough time to comply before the court date.

  4. Track All Delivery Attempts – Servers document each attempt to prove due diligence.

  5. File Proof of Service – This is often a notarized affidavit confirming legal delivery.

Subpoena Duces Tecum Delivery Timeline

Delivery Step Details
Court/Attorney Issues Subpoena Subpoena duces tecum is drafted and authorized
Assigned to Process Server A Houston-based process server receives the job
Attempt #1 First delivery attempt at the known address
Alternate Address Attempt If not found, the process server tries at work or the alternate address
Stakeout (if needed) For evasive individuals, the process server may conduct a brief stakeout
Delivery Success Subpoena physically handed to the recipient or a qualified substitute
Affidavit of Service Notarized proof of service filed with the court
Compliance Date The recipient must submit the requested documents before the listed deadline
Process servers vs sheriff
© Houston Process Servers LLC. All rights reserved

Can You Deliver a Subpoena by Mail?

While personal delivery is preferred, some courts may allow a subpoena duces tecum to be:

  • Delivered via certified mail

  • Sent electronically (in rare cases and only with court approval)

  • Left with another adult at the residence or place of work (substitute service)

Warning: Improper delivery can invalidate the subpoena or delay your case. That’s why hiring a professional process server is the best way to deliver a subpoena effectively.

Why Use a Process Server to Serve Subpoena Duces Tecum?

Professional servers:

  • Understand the legal procedures required to deliver subpoenas

  • Provide accurate documentation of every attempt

  • Know how to locate hard-to-find individuals

  • Avoid confrontation or conflict during service

At Houston Process Servers, LLC, we specialize in fast, legal, and discreet subpoena delivery.

Evasive person hiding
© Houston Process Servers LLC. All rights reserved

Legal Consequences for Ignoring a Subpoena Duces Tecum

Failure to comply with a subpoena, especially a subpoena duces tecum, can result in:

  • Contempt of court charges

  • Monetary fines

  • Arrest warrants (in extreme cases)

  • Negative outcomes in your legal case

If you receive a subpoena, consult your attorney immediately and respond before the deadline.

Final Thoughts

Do you need to serve a subpoena duces tecum in Houston or surrounding areas? Trust the certified professionals at Houston Process Servers, LLC. We serve subpoenas quickly, legally, and with documented proof of every attempt.

✅ Rush & Same-Day Options
✅ Stakeout Services for Evasive Individuals
✅ Email updates after each attempt
✅ Notarized Proof of Service

📞 Contact Us Today for immediate assistance.

Contact us. Houston Process Servers. Process server delivering legal papers to defendants house. Best Process Server,
© Houston Process Servers LLC. All rights reserved