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United States v. Burr | 25 Fed.Cas 30 (1807)

A subpoena duces tecum, also known as a subpoena for the production of documents, is a court order that requires an individual to appear in court and to produce documents for use in a court proceeding. In United States versus Burr, Chief Justice John Marshall, sitting as a circuit judge in federal district court, considered whether a criminal defendant has the right to issue a subpoena duces tecum to a sitting president.

In eighteen oh six, General George Wilkinson wrote a letter to President Jefferson accusing Aaron Burr of conspiring to help Britain take western territory away from the United States.

The letter, along with several associated documents, prompted Jefferson to prosecute Burr for treason. Burr asked the court to issue a subpoena duces tecum to President Jefferson, requiring him to produce the original letter and the associated papers so that Burr could use them in his defense.

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