Thank You CP !!!
Duces Tecum ... To compel to produce - Yes Gore is ordering to produce Under Penalty
http://legal-dictionary.thefreedictionary.com/subpoena+duces+tecum
Subpoena Duces Tecum- (Here we go folks !!)
[Latin, Under penalty to bring with you.] The judicial process used to command the production before a court of papers, documents, or other tangible items of evidence.
A subpoena duces tecum is used to compel the production of documents that might be admissible before the court. It cannot be used to require oral testimony and ordinarily cannot be used to compel a witness to reiterate, paraphrase, or affirm the truth of the documents produced.
Although frequently employed to obtain discovery during litigation, a subpoena duces tecum may not be used for a "fishing expedition" to enable a party to gain access to massive amounts of documents as a means of gathering evidence. The subpoena should be sufficiently definite so that a respondent can identify the documents sought without a protracted or extensive search. Moreover, a person ordinarily is required to produce only documents in her possession or under her control and supervision. A subpoena duces tecum may be used to compel the production of the papers and books of a business, however.
Just to bring forward from last thread:Things to expect from the Defense in pre- trial
Pretrial Motions in a Criminal Case
Before a trial, a slew of motions may be filed by the defense, which may greatly alter the charges being faced by a defendant, or in some cases, have them dismissed outright. Some of the commonly filed motions before a trial, include:
Motion to modify bail, which requests a judge modify a defendants bail status
Motion to dismiss complaint, which request the judge to dismiss a case on the basis of a insufficient criminal complaint against a defendant
Motion for bill of particulars, which if approved by a judge, will require the prosecutor to detail all charges, as well as the reason for filing these charges
Motion to reduce charges, which requests a judge reduce charges to accurately charge a defendant for an alleged criminal incident
Motion for change of venue, which defendants request their judicial proceedings be moved elsewhere to ensure a fair trial
Motion for to strike a prior conviction, which if approved by the judge, will potentially prevent a defendant from facing the penalties and other sentencing guidelines associated with a repeat offender or person with a criminal record
Motion for discovery, which is a formal request for the prosecution to turn over all evidence they possess regarding a defendants case
Motion to preserve evidence, which forces the prosecution to preserve all evidence until a defense investigator or expert can evaluate the evidence
Motion to disclose identity of an informant, which if approved, will allow the defense to attack the credibility of an informants motives and testimony
Motion to examine police personnel file, which can be requested if a law enforcement officers past conduct and history is relevant to the defenses existing criminal charges
Motion to suppress evidence, which if approved, will allow the defense to exclude certain pieces of evidence that were obtained illegally, coerced, or tainted in some manner
Motion for speedy trial, which can expedite the process of a trial to prevent government entities from refusing to release a defendant, but also, not bringing the individual to trial for any actual crime
http://www.lawfirms.com/resources/cr...procedures.htm
