Vaughan v. Broadfoot

This appeal presents only the question whether the trial judge erred in quashing the subpoena duces tecum. To answer it, we must consider the history and purpose of this process.

The subpoena duces tecum, an ancient writ well known to the common law, is the process by which a court requires the production at the trial of documents, papers, or chattels material to the issue. 8 Wigmore, Evidence § 2200 (McNaughton rev. 1961); 58 Am. Jur., Witnesses § 20 (1948); Annot., Subpoena Duces Tecum, 128 Am. St. Rep. 755 (1909). See Carter v. Graves, 12 N.C. 74. A court in which an action is pending has…