Within Health Care Risk Management practice as outlined by ASHRM and the American Hospital Association Certification Center, understanding legal process documents is essential to effective claims management and litigation response. A subpoena duces tecum is a court-issued legal instrument requiring an individual or organization to produce specified documents, records, or tangible evidence relevant to a legal proceeding.
In many jurisdictions, a subpoena duces tecum may also require the recipient to appear at a deposition, hearing, or trial while producing the requested documents. The key distinguishing feature is the command to bring documents or evidence. Compliance is mandatory unless successfully challenged or quashed by the court.
Providing a list of all parties involved or disclosing expert witness identities are generally handled through formal discovery processes such as interrogatories, requests for production, or court-ordered disclosures, not specifically by a subpoena duces tecum.
Claims and litigation objectives emphasize prompt review of subpoenas, coordination with legal counsel, protection of privileged information, and timely compliance to avoid sanctions. Therefore, a subpoena duces tecum requires production of specified documents and may also compel appearance, making options 1 and 2 correct.
