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Subpoena
 
 
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A subpoena ( or ) is commonly defined as a written command to a person to testify before a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 or be punished.

More accurately, a subpoena is the conditional
Conditional

Conditional may refer to:*causality, if X then Y, where X is a cause of Y*Conditional mood, a verb form in many languages*Conditional probability, the probability of an event A given that another event B has occurred...
 threat
Threat

Threat of force in public international law is a situation between states described by Great Britain lawyer Ian Brownlie as:The 1969...
 of punishment
Punishment

Punishment is the practice of imposing something suffering on a person or animal, usually in response to disobedient or morally wrong behavior....
 made by a governmental authority
Authority

In government, authority is often used interchangeably with the term "power ". However, their meanings differ: while "power" refers to the ability to achieve certain ends, "authority" refers to a claim of legitimacy , the justification and right to exercise that power....
. It is attached to a command, so that if the recipient does not do as commanded then they may be punished. Subpoenas are associated with common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 legal systems.

There are two common types of subpoenas:

Etymology
The term is from the Middle English suppena and the Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
 phrase sub poena meaning "under penalty".






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Encyclopedia


A subpoena ( or ) is commonly defined as a written command to a person to testify before a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 or be punished.

More accurately, a subpoena is the conditional
Conditional

Conditional may refer to:*causality, if X then Y, where X is a cause of Y*Conditional mood, a verb form in many languages*Conditional probability, the probability of an event A given that another event B has occurred...
 threat
Threat

Threat of force in public international law is a situation between states described by Great Britain lawyer Ian Brownlie as:The 1969...
 of punishment
Punishment

Punishment is the practice of imposing something suffering on a person or animal, usually in response to disobedient or morally wrong behavior....
 made by a governmental authority
Authority

In government, authority is often used interchangeably with the term "power ". However, their meanings differ: while "power" refers to the ability to achieve certain ends, "authority" refers to a claim of legitimacy , the justification and right to exercise that power....
. It is attached to a command, so that if the recipient does not do as commanded then they may be punished. Subpoenas are associated with common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 legal systems.

There are two common types of subpoenas:
  • A subpoena ad testificandum
    Subpoena ad testificandum

    A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The subpoena developed as a creative writ, the "writ subpoena", from the Court of Chancery....
     orders a person to testify before the ordering authority or face punishment.
  • A subpoena duces tecum
    Subpoena duces tecum

    This article deals with the law of subpoena duces tecum as it exists in the United States. A subpoena duces tecum is specific form of a subpoena issued by a court ordering the parties named to appear and produce tangible evidence for use at a hearing or trial....
     orders a person to bring physical evidence before the ordering authority or face punishment.


Etymology


The term is from the Middle English suppena and the Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
 phrase sub poena meaning "under penalty". The term may also be spelled "subpena", particularly in the United States.

The subpoena has its source in English common law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
 and it is now used almost with universal application throughout the English common law world. However, for Civil proceedings in England and Wales
England and Wales

England and Wales is a legal unit within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom....
, the term has been replaced by witness summons, as part of reforms to replace Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
 terms with English
English language

English is a West Germanic language that originated in Anglo-Saxon England and has lingua franca status in many parts of the world as a result of the military, economic, scientific, political and cultural influence of the British Empire in the 18th, 19th and early 20th centuries and that of the United States from the mid 20th century onwa...
 terms which are easier to understand.

John Waltham
John Waltham

John Waltham, Bishop of Salisbury was Lord High Treasurer and Lord Privy Seal of England, in the reign of Richard II of England....
, Bishop of Salisbury, is said to have created the writ
Writ

In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this public body is generally a court....
 of subpoena in the reign of Richard II
Richard II of England

Richard II was the eighth King of England of the House of Plantagenet. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince and was born during the reign of his grandfather, Edward III of England....
.

Subpoena process


Subpoenas are usually issued by the clerk of the court (see below) in the name of the judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
 presiding over the case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as officers of the court
Officer of the court

The generic term officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part?and hence legal and deontology obligations?in the complex functioning of the judicial system as a whole, in order to forge justice out of the application of the law and the simultaneous...
. Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer
Lawyer

A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an Attorney at law, counsel or solicitor; a person licensed to practice fraud." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver justice....
 representing the plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
 or defendant
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
 on whose behalf the testimony is to be given to serve
Service of process

Service of process is the procedure employed to give legal notice to a person of a court or administrative agency body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal....
 the subpoena on the witness.

The subpoena will usually be on the letterhead of the court where the case is filed, 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, 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.

See also

  • Continuance
    Continuance

    A continuance is the postponement of a hearing , trial , or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge without consulting them....
  • Subpoena duces tecum
    Subpoena duces tecum

    This article deals with the law of subpoena duces tecum as it exists in the United States. A subpoena duces tecum is specific form of a subpoena issued by a court ordering the parties named to appear and produce tangible evidence for use at a hearing or trial....
  • Subpoena ad testificandum
    Subpoena ad testificandum

    A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The subpoena developed as a creative writ, the "writ subpoena", from the Court of Chancery....
  • Summons
    Summons

    A summons is a legal document issued by a court or by an administrative agency of government for various purposes....


Additional Readings

  • "The Press and Subpoenas: An Overview," by Marlena Telvick and Amy Rubin, PBS Frontline, February 20, 2007. Since 2001, dozens of subpoenas have been issued to journalists for sources and information on a range of stories, including the war on terror, steroids abuse in sports and business investigations. What does a breakdown of the numbers and varieties of subpoenas add up to? FRONTLINE spent a few months looking into these questions, and here's what it found.