Oct. 17, 2002

Do Not Confuse Criminal and Civil Subpoenas Duces Tecum

Focus Column - Business Law - By Antonio R. Sarabia II and William J. Kopesky - A client may ask its regular civil counsel to respond to a subpoena duces tecum issued in a criminal case. Both civil and criminal subpoenas use Judicial Council forms that look alike. The surface similarity between the two types of subpoenas may lead some to respond to a subpoena duces tecum issued in connection with a criminal prosecution in the same way as a subpoena duces tecum issued pursuant to a civil matter.