Definition
Subpoena
A subpoena (Latin for “under penalty”) is a writ issued under the authority of a court to compel the appearance of a witness or the production of documents for a judicial proceeding. The term refers to both subpoenas ad testificandum, which require a person to testify, and subpoenas duces tecum, which demand the presentation of physical evidence or documentation. Failure to comply with a subpoena can result in penalties, including contempt of court.
Examples
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Subpoena Ad Testificandum: A court may issue a subpoena ad testificandum requiring a person to testify as a witness in a trial. For instance, in a criminal case, the prosecution may issue a subpoena to compel a witness to testify about relevant events.
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Subpoena Duces Tecum: A corporate entity may receive a subpoena duces tecum requiring the production of specific documents, such as financial records or emails, pertinent to a legal investigation or lawsuit.
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Subpoena in Civil Litigation: Subpoenas are also common in civil litigation, like divorce cases, wherein one party might subpoena the other to provide documents proving financial status or other pertinent information.
Frequently Asked Questions (FAQs)
What happens if you ignore a subpoena?
Ignoring a subpoena can lead to penalties such as fines or jail time for contempt of court. Non-compliance can cause serious legal consequences, including a possible arrest warrant.
Can a subpoena be challenged?
Yes, a subpoena can be challenged through a motion to quash or modify, typically on grounds of relevance, burden, or privilege. A judge will consider the arguments and decide whether to uphold, amend, or nullify the subpoena.
What are the differences between a subpoena ad testificandum and a subpoena duces tecum?
A subpoena ad testificandum requires a person to testify in a judicial proceeding, while a subpoena duces tecum requires the presentation of documents or other tangible evidence.
Who can issue a subpoena?
Subpoenas are issued by judges, attorneys, or court clerks authorized by the court. In some jurisdictions, certain administrative agencies also have the power to issue subpoenas.
Can a subpoena be issued in a criminal investigation?
Yes, subpoenas are frequently used in criminal investigations to compel witnesses to testify or produce documents that are crucial for the prosecution or defense.
Related Terms
Affidavit
An affidavit is a written statement confirmed by oath or affirmation for use as evidence in court.
Discovery
Discovery refers to the pre-trial process by which parties obtain evidence and information from each other to prepare for the case.
Contempt of Court
Contempt of court is an act of disobedience or disrespect toward the judicial system, including refusal to comply with a court order such as a subpoena.
Deposition
A deposition is sworn out-of-court testimony that is recorded for later use in court or for discovery purposes.
Summons
A summons is a legal document issued by a court directing an individual to appear in court.
Online Resources
- Cornell Law School - Legal Information Institute
- American Bar Association - Subpoenas
- Federal Rules of Civil Procedure
Suggested Books
- “Federal Civil Procedure Logic Maps: A Visual Guide to Federal Civil Procedure” by Ward T. Blackburn
- “Civil Litigation: Process and Procedures” by Thomas F. Goldman
- “Discovery Practice, 10th Edition” by Roger S. Haydock and David F. Herr
- “Federal Civil Rules Handbook” by Steven Baicker-McKee and William M. Janssen
Fundamentals of Subpoena: Legal Basics Quiz
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