<P> At common law, and under various statutes pertaining to a given jurisdiction, a right to action for damages, or for a statutory penalty or forfeiture, exists against a witness who, without sufficient excuse, fails or refuses to give oral testimony or to produce documents or other specified items in obedience to the command of a properly issued and served subpoena . </P> <P> There are certain conditions precedent, or defenses, to a recovery of damages for a person's failure to testify, or to provide documents pertinent to a hearing or trial . There must be a breach of testimonial duty, after having been properly served with a legitimately executed subpoena . There must be a demonstration of actual damages incurred from the absence of testimony . Most courts have rejected the arguments for seeking damages in this kind of case . Giving false testimony in a judicial proceeding even though the allegation is made that the person giving the testimony knew it to be false, does not give rise, either at common law or by statute, to a civil action for damages, resulting from such testimony . The situation is probably different if intentionally false documents are submitted under as ubpoena duces tecum . </P> <P> Attorney--client privilege is generally recognized by the courts . Communications between lawyer and client are generally immune from subpoena . In other words, a lawyer cannot be compelled to testify in a trial unless the lawyer becomes, or appears to become, a party to the litigation . A similar situation exists with "work product", meaning written documents or computer records generated in preparation for a trial or hearing . This includes information such as potential questions that may be asked of witnesses, lists of possible witnesses, memoranda, notes, trial strategies, written briefs, or documents that may, or may not end up being used in the course of litigation . Usually, none of this can be the subject of a subpoena duces tecum . If a communication between lawyer and client is made in the presence of the third party, the privilege is not recognized to exist . </P> <P> The federal courts will apply the common law rule of attorney--client privilege unless there is an intervening state law applying to the central issues of the matter . In those cases, the federal court uses the effective state law . </P>

Does a subpoena duces tecum have to be signed by a judge