subpoena

Information about subpoena

A subpoena is "a command to appear at a certain time and place to give testimony upon a certain matter."[1] The term is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty."[2] The term may also be spelled "subpena."[3]

A subpoena is used to compel the testimony of witnesses in a trial or other adversarial proceeding. Subpoenas are issued by the clerk of the court (see below) in the name of the judge presiding over the case in which the witness is to testify. (Additionally, court rules often permit lawyers to issue subpoenas themselves in their capacity as officers of the court.) Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness.

The subpoena will usually be on the letterhead of the court where the case is lodged, naming the parties to the case, and being addressed by name to the person whose testimony is being sought. It will contain the language "You are hereby commanded to report in person to the clerk of this court" or similar, describing the specific location and scheduled date and time of the appearance. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority.

The subpoena has its source in English common law and it is now used almost with universal application throughout the Anglo-American common law world. However, for Civil proceedings in England and Wales, the term has been replaced by witness summons, as part of reforms to replace Latin terms with easier to understand English terms.

Issuance of subpoenas in civil matters in U.S. Federal courts

In non-criminal matters in U.S. Federal courts, the rules of procedure provide (in part):

:(3) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. An attorney as officer of the court may also issue and sign a subpoena on behalf of


::(A) a court in which the attorney is authorized to practice; or


::(B) a court for a district in which a deposition or production is compelled by the subpoena, if the deposition or production pertains to an action pending in a court in which the attorney is authorized to practice.[4]


Many state courts in the U.S. have adopted similar procedures.

Subpoenas and Congress

The United States Congress also has the power to issue subpoenas and can punish individuals who fail to comply by contempt of Congress, which is similar to contempt of court.

See also

Notes

1. ^ Black's Law Dictionary, p. 1279 (5th ed. 1979).
2. ^ Webster's New Collegiate Dictionary, p. 1160 (8th ed. 1976).
3. ^ See, e.g., ; ; ; and .
4. ^ Rule 45(a)(3), Federal Rules of Civil Procedure.
Latin}}} 
Official status
Official language of: Vatican City
Used for official purposes, but not spoken in everyday speech
Regulated by: Opus Fundatum Latinitas
Roman Catholic Church
Language codes
ISO 639-1: la
ISO 639-2: lat
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Evidence
Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
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Evidence
Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
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trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute.
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A court clerk, in British English clerk to the court or in American English clerk of the court is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to swear in witnesses, jurors, and grand jurors.
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A judge or justice is an official who presides over a court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions.
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For the fish called "lawyer", see .
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law.
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A plaintiff (Π in legal shorthand), also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court.
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A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute.
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Service of process is the procedure employed to give legal notice to a person (defendant etc.) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal.
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English law, the legal system of England and Wales, is the basis of common law legal systems throughout the world (as opposed to civil law or pluralist systems in other countries, such as Scots law).
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England and Wales are both constituent countries of the United Kingdom, that together share a single legal system: English law. Legislatively, England and Wales are treated as a single unit (see State (law)) for the conflict of laws.
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Latin}}} 
Official status
Official language of: Vatican City
Used for official purposes, but not spoken in everyday speech
Regulated by: Opus Fundatum Latinitas
Roman Catholic Church
Language codes
ISO 639-1: la
ISO 639-2: lat
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English}}} 
Writing system: Latin (English variant) 
Official status
Official language of: 53 countries
Regulated by: no official regulation
Language codes
ISO 639-1: en
ISO 639-2: eng
ISO 639-3: eng  
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United States Congress

Type Bicameral
Houses Senate
House of Representatives
President of the Senate
President pro tempore Dick Cheney, (R)
since January 20, 2001
Robert C.
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Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. While historically the bribery of a Senator or Representative was considered "contempt of Congress," in modern times a person must refuse to comply with a subpoena issued
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Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers.
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A subpoena duces tecum (Latin for "bring with you under penalty of punishment") is a court summons to appear and produce tangible evidence for use at a hearing or trial.
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A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial.

In law a subpoena (literally "under punishment") is a court order requiring a person's appearance, also (in some jurisdictions) called a summons.
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summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.

Judicial summons

A judicial summons is addressed to a defendant in a legal proceeding.
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Black's Law Dictionary is the law dictionary for the law of the United States. It was founded by Henry Campbell Black. It has been cited as legal authority in many Supreme Court cases (see Secondary authority).
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The Federal Rules of Civil Procedure (FRCP) are rules governing civil procedure in United States district (federal) courts, that is, court procedures for civil suits. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then approved
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