Subpoena in the United States
An order that commands a person to appear at a particular time and place to offer testimony. Subpoenas are most likely to be issued by courts and grand juries, but may also come from legislative bodies or independent commissions. A subpoena duces tecum is a command to someone holding or controlling records or documents that compels the production of those items at a particular proceeding such as a trial. Failure to comply with a subpoena may subject a person to punishment for contempt. The right of a criminal defendant to use the subpoena or compulsory process is protected by the Sixth Amendment. This means an accused can compel the appearance in court of even the most unwilling witness.
See Also
Compulsory Process (Criminal Process) Grand Jury (Criminal Process).
Analysis and Relevance
The power to subpoena is essential to the functioning of a number of public institutions. Testimony and certain records may be pivotal components of trial court fact-finding. Similarly, the capacity to compel the appearance of witnesses allows grand juries to perform their investigative role. An agency must have legal authority over a particular subject matter in order to issue a subpoena. In addition, the information to be provided by the witness must be relevant to the agency’s inquiry. A subpoenaed person must appear under threat of contempt, but does retain the constitutional protection against self-incrimination. In other words, a witness cannot be compelled to disclose information that may result in his or her prosecution. If the testimony from such a witness is important enough, the witness may receive immunity from prosecution. Under a grant of immunity, the witness need no longer fear criminal prosecution and can be compelled to disclose what would have been incriminating testimony absent the immunity.
Notes and References
- Definition of Subpoena from the American Law Dictionary, 1991, California
Subpoena Definition
(Lat. sub, under, poena, penalty). In Practice. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is called distinctively a subpoena ad testificandum. A subpoena duces tecum is one whereby the witness is commanded to bring with him books or papers in his possession or under his control, to produce the same in evidence. In Chancery Practice. A mandatory writ or process directed to and requiring one or more persons to appear at a time to come and answer tfie matters charged against him or them. The writ of subpoena was originally a process in the courts of common law to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the same purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff. It was invented by John Waltham, bishop of Salisbury, and chancellor to Richard II., under the authority of the statutes of Westminster II. and 13 Edw. I. c. 34, which enabled him to devise new writs. Cruise, Dig. tit. 11, c. 1, §§ 12-17. See Viner, Abr.; 1 Swanst. 209.
Subpoena in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Subpoena | Subpoena in the World Legal Encyclopedia. |
| Subpoena | Subpoena in the European Legal Encyclopedia. |
| Subpoena | Subpoena in the Asian Legal Encyclopedia. |
| Subpoena | Subpoena in the UK Legal Encyclopedia. |
| Subpoena | Subpoena in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Subpoena
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| Link | Description |
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| Subpoena | Subpoena in the Family Law Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the IP Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Commercial Law Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Criminal Law Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Antritrust Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Tax Law Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Subpoena | Subpoena in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Subpoena in the Dictionaries | Subpoena in our legal dictionaries |
| http://lawi.us/subpoena | The URI of Subpoena (more about URIs) |
| Subpoena related entries | Find related entries of Subpoena |
Legal Issue for Attorneys
(Lat. sub, under, poena, penalty). In Practice. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is called distinctively a subpoena ad testificandum. A subpoena duces tecum is one whereby the witness is commanded to bring with him books or papers in his possession or under his control, to produce the same in evidence. In Chancery Practice. A mandatory writ or process directed to and requiring one or more persons to
appear at a time to come and answer tfie matters charged against him or them. The writ of subpoena was originally a process in the courts of common law to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the same purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff. It was invented by John Waltham, bishop of Salisbury, and chancellor to Richard II., under the authority of the statutes of Westminster II. and 13 Edw. I. c. 34, which enabled him to devise new writs. Cruise, Dig. tit. 11, c. 1, §§ 12-17. See Viner, Abr.; 1 Swanst. 209.
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Notice
This definition of Subpoena Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Subpoena as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
A court order that requires a witness to appear in court. Subpoenas may be issued at the request
of a party to a lawsuit. Also spelled subpena.
Practical Information
Note: Some of this information was last updated in 1982
The process a court (in U.S. law) uses to assure a person’s attendance before it. A subpoena that requires the production of books, papers or documents is called subpoena duces tecum. If a person served with a subpoena fails to obey it without reasonable excuse, he or she may be punished for contempt of court (in U.S. law) and is liable for the damages (in U.S. law) sustained by the aggrieved party.
What is Subpoena?
For a meaning of it, read Subpoena in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Subpoena.
See Also
See: Subpena in this Legal Encyclopedia
See: Subpena definition in the Law Dictionary
Subpoena
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled SUBPOENAA subpoena is a court order that compels a person to appear for the purpose of giving testimony at a trial or a pretrial proceeding, such as a preliminary examination or pretrial deposition. A court also can issue a subpoena for documents or other items of tangible evidence. Parties to
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Concept of Subpoena in Judicial Assistance
In this context, a definition of Subpoena may be as follows: A written command issued under the authority of a court, requiring the attendance of a person or the production of specified documents before the court or grand jury, with potential penalties for failure to comply.
Resources
See Also
Further Reading (Articles)
Subpoenas Might Reveal Alarming Trend, News Media and the Law; October 1, 2001; Dias, Monica
Handling of Subpoenas under DHS Worries Journalists, News Media and the Law; January 1, 2003; Tannenbaum, Wendy
SEC subpoenas 2 reporters, then backs off, Deseret News (Salt Lake City); February 26, 2006; Stephen Labaton New York Times News Service
Subpoena Power At The Civilian Board Of Contract Appeals-GSA Should Reconsider Its Position And Reverse Course. Mondaq Business Briefing; February 28, 2008
New fed subpoenas concealed: State agency heads were told to list workers but weren’t told why, Chicago Sun-Times; July 21, 2006; Dave McKinney, Eric Herman and Chris Fusco
FHFA ISSUES SUBPOENAS FOR PLS DOCUMENTS JULY 12, 2010. States News Service; July 12, 2010
Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation Is A “Claim” Giving Rise to Covered Defense Costs According to New York State Court, Mondaq Business Briefing; April 2, 2013
Family Court Subpoenas – a Guide for Professionals, Mondaq Business Briefing; April 26, 2014
Music industry subpoenas names of file swappers, The Charleston Gazette (Charleston, WV); July 19, 2003; Ted Bridis
Survey Documents Subpoena Burden on Media, News Media and the Law; April 1, 2003; Tannenbaum, Wendy
The Use of SUBPOENAS in Arbitration, Dispute Resolution Journal; November 1, 2007; Trager, Leslie
Responding to third-party subpoenas.(Column), Association Management; March 1, 1998; Portman, Robert M. Jacobs, Jerald A.
Court Approves Investigative Subpoenas by Attorney General, Charleston Daily Mail; November 18, 2013; Lannom, Andrea
Non-Party Arbitral Subpoenas, Dispute Resolution Journal; February 1, 2006
Survey Indicates Negotiation Effective in Fighting Subpoenas, News Media and the Law; April 1, 1999
Music industry wins subpoenas; The effort represents steps aimed at crippling online piracy, Telegraph – Herald (Dubuque); July 19, 2003; ASSOCIATED PRESS
How And When To Set Aside Subpoenas And Object To Inspection. Mondaq Business Briefing; August 14, 2008; Bush, Caroline
Guidelines for responding to a subpoena. Outpatient Reimbursement Management; June 1, 1998
Recording industry launches subpoena blitz, The Record (Bergen County, NJ); July 19, 2003; TED BRIDIS, THE ASSOCIATED PRESS
Schools Call Music-Use Subpoenas Illegal, AP Online; July 23, 2003; JAY LINDSAY, Associated Press Writer
Subpoena in the context of Juvenile and Family Law
Definition ofSubpoena, published by the National Council of Juvenile and Family Court Judges: A legal document, usually issued by a court clerk, requiring that the person named in the subpoena appear on a stated day and time at a specified court to give testimony in a case. A subpoena must be served personally on the person named; this is usually done by a law enforcement officer, probation officer, child protective services worker, or process server. Failure to obey a subpoena is punishable as a contempt of court.
Subpoena Definition in the context of the Federal Court System
A command, issued under authority of a court or other authorized government entity, to compel an individual or organization to produce some kind of evidence, or require a witness to appear and give testimony.
Subpoena Duces Tecum Definition in the context of the Federal Court System
A command to a witness to appear and produce documents.
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