What is a subpoena?
It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney. If you have received a legal document called a subpoena from a process server, it is important that you know what this paper is and what it means to you. A subpoena is an order issued by the court requiring you to appear in person at a certain place, date and time to testify as a witness about a particular case. In a criminal case, you can be subpoenaed only to testify in court. In a civil case, you may be subpoenaed for out-of-court testimony as well. In either kind of case, a subpoena may require you to provide documents. Subpoenas may be delivered in person by a deputy sheriff or by any other person at least 18 years old who is not a party to the lawsuit and is not an employee of, or attorney for, any party to the case. If you are not one of the parties in the case, you
A subpoena is a legal document that may be issued in a criminal, civil (lawsuit) or administrative proceeding. Generally, however, subpoenas received by faculty members and staff employees are issued for civil proceedings. Most often, subpoenas are issued to require a component institution to produce documents. A subpoena may be served once a lawsuit is filed (or on special occasion before a lawsuit is filed) in order to require an individual to give testimony at a deposition, hearing or trial, or to give documents or other tangible things to one of the parties in the lawsuit. The subpoena must meet several specific requirements before it is legally enforceable. An attorney in the Office of General Counsel will review the subpoena to determine whether it is enforceable and, if not, take the necessary steps to inform the person who issued the subpoena or the court. An employee can be sanctioned by the court in which the case is pending for failing to respond to a subpoena within the tim
A subpoena is a court order to appear or bring information to a court proceeding. The target of the subpoena can object to the order, and a case within a case can evolve that deals solely with the subpoena. A subpoena has to be “served” on the party being ordered to produce information or testimony. Anyone can serve a subpoena, as long as they are not directly involved in the litigation. Along with the expense, another downside of subpoenas is that the information is usually not produced until the time of trial. For purposes of developing a defense it is desirable to have all relevant information well before your trial.
Subpoena translates to “under punishment” in Latin. It is an order from a court for a person to appear at a trial under punishment for failure to appear. If the person given a subpoena does not appear, some courts have the discretion to find the person in contempt of court and either order the person’s arrest or issue fines accordingly. The term subpoena is primarily used in US courts. The preferred term in the UK is now Witness Summons, at least in civil trials. In either country, the subpoena is usually written by the court clerk after he or she has been given a list of witnesses for a trial. The court clerk then writes out, usually in a form letter, a request for the witness’ presence at a specific date and time for testimony. When the testimony has lagged or the trial has been delayed, those receiving a subpoena still must appear at the specified date and time. The witness may then be given another date and time to appear, or may have to wait several hours or days to deliver testim
A subpoena is a legal order commanding the person or organization named in the subpoena to give sworn testimony at a specified time and place about a matter concerned in an investigation or a legal proceeding, such as a trial. A subpoena duces tecum substitutes the requirement of your appearance to testify with a requirement that you supply specific physical material in your possession. A deposition subpoena means that your sworn testimony will be taken during a phase of the trial process known as discovery, and will likely occur at a lawyer’s office. Subpoenas may be issued by the following people involved in the legal case associated with the subpoena: • the judge presiding over the legal proceedings • the clerk of the court where the lawsuit has been filed • a private lawyer representing one of the parties in the lawsuit • a government lawyer such as the Attorney General or District Attorney (Note that the Attorney General and District Attorney can issue a subpoena during an investi
