New York Watch, Guard, or Patrol Agency (WGP) License Practice Exam

What is the difference between a SUBPOENA and a SUBPOENA DUCES TECUM?

1. A subpoena demands testimony, an SDT demands documents

2. A subpoena is voluntary, an SDT is mandatory

3. A subpoena is for civil cases, an SDT is for criminal cases

4. There is no difference

The correct answer is: A subpoena demands testimony, an SDT demands documents

A subpoena and a subpoena duces tecum both require a person to appear in court and provide testimony or documents. However, the main difference between the two is that a subpoena only demands testimony, while a subpoena duces tecum requires both testimony and the production of specific documents or evidence. In contrast, option B is incorrect because both types of subpoenas are considered mandatory and failure to comply can result in legal consequences. Option C is also incorrect because both types of subpoenas can be used in both civil and criminal cases. Finally, option D is incorrect because, as mentioned, a subpoena duces tecum does have a distinct difference from a regular subpoena.