ASIS International (ASIS) Professional Certified Investigator Practice Exam

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What is the function of a subpoena duces tecum?

To summon a witness for testimony
To obtain documents for a legal proceeding
To require a juror to explain their decision
To compel a defendant to appear in court

The correct answer is: To obtain documents for a legal proceeding

A subpoena duces tecum is a specific type of legal order that compels an individual or organization to produce documents, records, or evidence for a legal proceeding. This function is crucial in legal contexts, as it allows attorneys to gather necessary information that might not otherwise be accessible. By seeking documents, this subpoena plays a vital role in ensuring that all relevant evidence is available for examination, thereby supporting the integrity of the legal process. The distinction between different types of subpoenas is essential to understanding their specific context. While a standard subpoena may require an individual to testify, a subpoena duces tecum focuses solely on the production of documents. This targeted approach ensures that the legal process can obtain vital documentary evidence, which may substantiate claims, provide context, or illuminate facts critical to the case being examined. Thus, the specific function of a subpoena duces tecum is to serve as an instrument for gathering documentation essential to legal proceedings.