Educational Guide: What Is a Subpoena Duces Tecum, and How Does It Differ From a Regular Subpoena?
Not all subpoenas ask for the same thing. A plain-language guide to the difference between a subpoena for testimony and a subpoena for documents — and what happens if you receive one.
Receiving a subpoena is stressful even when you're not a party to the underlying lawsuit. Understanding which type you've received — and what it actually requires of you — is the first step to responding correctly instead of panicking.
The Two Basic Types
Under Utah R. Civ. P. 45, a subpoena generally falls into one of two categories, or sometimes both at once:
- Subpoena ad testificandum — Latin for "to testify." This compels a person to appear and give oral testimony, typically at a deposition, hearing, or trial.
- Subpoena duces tecum — Latin for "bring with you." This compels a person (who may or may not also be required to testify) to produce specified documents, electronically stored information, or tangible objects for inspection or copying.
A single subpoena can combine both — commanding someone to appear and to bring specific records with them.
What a Subpoena Duces Tecum Typically Requires
A properly drafted document subpoena identifies, with reasonable particularity, the categories of records sought: emails within a date range, financial statements, contracts, personnel files, and similar. Rule 45 requires the subpoena to describe items with enough specificity that the recipient can reasonably determine what's being requested and search for it.
What Happens If You Receive One
- Read the compliance deadline carefully. Subpoenas specify a date and location (or method) for production or appearance — missing it without objecting first can expose you to a motion to compel.
- Check for a witness or mileage fee tender. Utah practice generally requires tendering witness fees at the time of service for testimonial subpoenas; the fee obligation and amount can affect whether the subpoena is properly served.
- Determine whether you can object. Rule 45 allows a recipient to serve written objections to producing some or all of the requested materials, particularly where the request is overbroad, privileged, or unduly burdensome — this typically must happen before the compliance date.
- Consider a motion to quash. If a subpoena is defective — improperly served, seeks privileged material, or imposes an undue burden — the recipient (or sometimes the party whose records are sought from a third party) can move to quash or modify it.
- Consult counsel if you're not sure. A subpoena is a court order, not a request. Ignoring it without a proper objection or motion can result in contempt proceedings.
Third-Party Subpoenas: A Common Point of Confusion
You do not need to be a party to a lawsuit to receive a subpoena. Banks, employers, medical providers, and other third parties are frequently subpoenaed for records relevant to someone else's case. Being subpoenaed does not mean you are being sued or accused of anything — it means a court has determined (or a party asserts) that you hold information relevant to a case between other people.
Why Proper Service of a Subpoena Matters
As with a summons and complaint, a subpoena that is not properly served under Rule 45 can be challenged and quashed on that basis alone — regardless of how relevant or well-drafted the document requests are. Confirming proper service, including any required fee tender, is part of what makes a subpoena enforceable.
Been served with a subpoena and unsure what it actually requires of you? We recommend consulting an attorney about your specific obligations. If you need a subpoena served correctly in the first place, call {{office_phone}} — see also our companion article on subpoena service in Utah litigation.
Category: Legal Guidance · Published: 2026-06-15 · 6 min read · By Christopher Zamora, Rocky Mountain Protective Group