slovo | definícia |
Duces tecum (gcide) | Duces tecum \Du"ces te"cum\ [L., bring with thee.]
A judicial process commanding a person to appear in court and
bring with him some piece of evidence or other thing to be
produced to the court.
[1913 Webster] |
DUCES TECUM (bouvier) | DUCES TECUM, practice, evidence. Bring with thee. A writ commonly called a
subpoena duces tecum, commanding the person to whom it is directed to bring
with him some writings, papers, or other things therein specified and
described, before the court. 1 Phil. Ev. 886.
2. In general all papers in the possession of the witness must be
produced; but to this general rule there are exceptions, among which are the
following: 1. That a party is not bound to exhibit his own title deeds. 1
Stark. Ev. 87; 8 C. & P. 591; 2 Stark. R. 203; 9 B. & Cr. 288. 2. One who
has advanced money on a lease, and holds it as his security, is not bound to
produce it. 6 C. & P. 728. 3. Attorneys and solicitors who hold the papers
of their clients cannot be compelled to produce them, unless the client
could have been so compelled. 6 Carr. & P. 728. See 5 Cowen, R. 153, 419;
Esp. R. 405; 11 Price, R. 455; 1 Adol. & Ell. 31; 1 C. M. & R. 38 1 Hud. &
Brooke, 749. On the question how far this clause is obligatory on a witness,
see 1 Dixon on Tit. Deeds, 98, 99, 102; 1 Esp. N. P. Cas. 405; 4 Esp. N. P.
C. 43; 9 East, Rep. 473.
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| podobné slovo | definícia |
subpoena duces tecum (encz) | subpoena duces tecum, n: |
Subpoena duces tecum (gcide) | Subpoena \Sub*poe"na\, n. [NL., fr. L. sub under + poena
punishment. See Pain.] (Law)
A writ commanding the attendance in court, as a witness, of
the person on whom it is served, under a penalty; the process
by which a defendant in equity is commanded to appear and
answer the plaintiff's bill. [Written also subpena.]
[1913 Webster]
Subpoena ad testificandum. [NL.] A writ used to procure the
attendance of a witness for the purpose of testifying.
Subpoena duces tecum. [NL.] A writ which requires a witness
to attend and bring certain documents.
[1913 Webster] |
subpoena duces tecum (wn) | subpoena duces tecum
n 1: a writ issued by a court at the request of one of the
parties to a suit; it requires a witness to bring to court
or to a deposition any relevant documents under the
witness's control |
DUCES TECUM (bouvier) | DUCES TECUM, practice, evidence. Bring with thee. A writ commonly called a
subpoena duces tecum, commanding the person to whom it is directed to bring
with him some writings, papers, or other things therein specified and
described, before the court. 1 Phil. Ev. 886.
2. In general all papers in the possession of the witness must be
produced; but to this general rule there are exceptions, among which are the
following: 1. That a party is not bound to exhibit his own title deeds. 1
Stark. Ev. 87; 8 C. & P. 591; 2 Stark. R. 203; 9 B. & Cr. 288. 2. One who
has advanced money on a lease, and holds it as his security, is not bound to
produce it. 6 C. & P. 728. 3. Attorneys and solicitors who hold the papers
of their clients cannot be compelled to produce them, unless the client
could have been so compelled. 6 Carr. & P. 728. See 5 Cowen, R. 153, 419;
Esp. R. 405; 11 Price, R. 455; 1 Adol. & Ell. 31; 1 C. M. & R. 38 1 Hud. &
Brooke, 749. On the question how far this clause is obligatory on a witness,
see 1 Dixon on Tit. Deeds, 98, 99, 102; 1 Esp. N. P. Cas. 405; 4 Esp. N. P.
C. 43; 9 East, Rep. 473.
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SUBPOENA DUCES TECUM (bouvier) | SUBPOENA DUCES TECUM, practice. A writ or process of the same kind as the
subpoena ad testificandum, including a clause requiring the witness to bring
with him and produce to the court, books, papers, &c., in his hands, tending
to elucidate the matter in issue. 3 Bl. Com. 382.
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