Subpoena

Subpoena usgs

Subpoena is a legal document or order that compels an individual or entity to attend a court proceeding as a witness or to produce documents or evidence in a legal proceeding. The term originates from the Latin phrase sub poena, meaning "under penalty", indicating that failure to comply with a subpoena can result in penalties or sanctions from the court. Subpoenas are used in both criminal law and civil law cases and are a crucial tool for the discovery process, allowing parties to gather evidence that is pertinent to the case.

Types of Subpoenas

There are primarily two types of subpoenas:

• Subpoena ad testificandum: This type of subpoena requires a person to testify before a court, deposition, or other legal proceeding.
• Subpoena duces tecum: This type of subpoena requires an individual or organization to produce documents, records, or tangible evidence for a court proceeding.

Issuance

Subpoenas are typically issued by a court clerk or an attorney who has been authorized by the relevant jurisdiction's rules of court. The process and requirements for issuing a subpoena vary by jurisdiction but generally involve the submission of a formal request to the court.

Service of Subpoena

The service of a subpoena is governed by the legal rules of the jurisdiction in which the case is being heard. It usually requires that the subpoena be delivered personally to the individual named or, in the case of businesses or organizations, to a legal representative or an individual authorized to accept service on behalf of the organization. In some jurisdictions, subpoenas can also be served via certified mail or other methods as allowed by law.

Compliance

Upon receiving a subpoena, the recipient is legally obligated to comply with its terms unless a valid objection is raised and upheld by a court. Failure to comply with a subpoena can result in contempt of court charges, which may include fines or imprisonment.

Objections

Recipients of subpoenas can object to the subpoena on various grounds, including but not limited to:

• Privilege (e.g., attorney-client privilege, doctor-patient privilege)
• Undue burden or expense
• Irrelevance of the requested information to the case
• Insufficient time to respond or comply

Objections must be formally made to the court, and the court will determine whether the subpoena should be modified, quashed, or upheld.

International Aspects

The use of subpoenas in international legal matters can be complex due to the sovereignty of nations and the lack of jurisdiction of one country's courts over individuals in another country. However, various treaties and agreements, such as the Hague Evidence Convention, facilitate the international gathering of evidence.

See Also

• Warrant
• Summons
• Discovery
• Contempt of court