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Which of the following is a legally binding request to provide records or documents to a court that is usually issued to the person considered the custodian of the records?

a.Prima facie
b.Respondeat superior
c.Subpoena duces tecum
d.Res judicata

1 Answer

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Final answer:

A Subpoena duces tecum is a legally binding request to provide records or documents to a court, typically issued to the custodian of the records. Option c. is correct.

Step-by-step explanation:

The formal and legally obligatory request for the submission of records or documents to a court is termed a Subpoena duces tecum. This binding demand is issued to the individual who holds custody of the specified records, and compliance is compulsory unless a valid legal objection is raised. Unlike a Writ of Habeas Corpus, which safeguards a prisoner's entitlement to be informed of the grounds for their detention, and the Miranda rights, encompassing the right to remain silent and the right to counsel to prevent self-incrimination, a Subpoena duces tecum serves a distinct purpose in legal proceedings.

A Subpoena duces tecum operates as a mechanism for procuring relevant evidence by compelling the production of specific documents. This legal instrument empowers the court to obtain essential records essential to the adjudication of a case. Its issuance underscores the imperative role of pertinent information in the pursuit of justice, and non-compliance can lead to legal consequences. This distinguishes it from other legal provisions focused on protecting individual rights or ensuring due process, as a Subpoena duces tecum is primarily concerned with securing documentary evidence crucial to the resolution of legal matters.

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