Is a witness's duty to produce documents in response to a subpoena duces tecum discharged when he speaks on the witness stand or produces documents already in existence?
"New York", United States of America
The following excerpt is from People ex rel. Sillifant v. Sheriff of City of N.Y., 190 N.Y.S.2d 641, 6 N.Y.2d 487 (N.Y. 1959):
The argument that this duty is discharged when he speaks on the witness stand or produces documents already in existence in response to a subpoena duces tecum has not been accepted by the courts. The courts have the power not only to compel answers from witnesses, but to require them to do things and acts incidental to answers. See Allen v. State, 183 Md. 603, 39 A.2d 820; Annotation 171 A.L.R. 1144 et seq.
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