What is a subpoena?
A Subpoena is an order sent from the clerk of the court to an individual directing that individual to come to court and testify on behalf of a particular party to a lawsuit. Because the clerks of the court are too busy to actually sign every Subpoena sent by one party to another party, the rules allow the attorney or other party to sign the name of the clerk in his or her place. The Subpoena must contain the following information: • The name of the court • The title of the law suit (also called the caption) • The docket number of the lawsuit • A command that the person to whom it is directed must appear and give testimony. • The exact date, time and place at which this testimony is to be given. Or, if the trial is expected to last more than one date the subpoena may indicate that the witness is to be available until the case is completed. Types of Subpoenas and What They Mean A Simple Subpoena demands that the witness come and testify. Here is a sample Subpoena. A Subpoena Duces Tecum
A subpoena is an order directing you to be present at the time and place stated. You may receive your subpoena by mail or in person. Your subpoena may indicate that you are “on call” and your presence may not be required. Call the District Attorney’s Office at the number listed on your subpoena to be placed “on call”. You must leave both day and nighttime phone numbers where you can be reached during trial week. If you are placed “on call,” do not come to the courthouse unless someone from the D.A.’s Office or a law enforcement agency calls you.
