Subpoena

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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 However, for Civil proceedings in England and Wales, the term has been replaced by witness summons, as part of reforms to replace Latin terms with easier to understand English terms.

Contents

[edit] 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 United States have adopted similar procedures.

[edit] 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.

[edit] 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., 18 U.S.C. § 1429; 18 U.S.C. § 3333(c)(1); 18 U.S.C. § 1968(c); and 28 U.S.C. § 1365.
  4. ^ Rule 45(a)(3), Federal Rules of Civil Procedure.

[edit] See also

[edit] External links and references

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