Subpoena

Subpoena

A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:

1. Subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person.

2. Subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court.

The term is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty". The term may also be spelled "subpena".The subpoena has its source in English common law and it is now used almost with universal application throughout the English common law world. However, for civil proceedings in England and Wales, it is now described as a witness summons, as part of reforms to replace Latin terms with English terms which are easier to understand. John Waltham, Bishop of Salisbury, is said to have created the writ of subpoena in the reign of Richard II.

Subpoena process

Subpoenas are usually issued by the clerk of the court (see below) in the name of the judge presiding over the case. Additionally, court rules may 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 filed, name the parties to the case, and be 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"...