A subpoena is a writ commanding a person to appear under penalty (from Latin).

It is used to compel the testimony of witnesses in a trial or other adversarial proceeding. Subpoenas are issued by the clerk of the court in the name of the judge presiding over the case in which the witness is to testify. (Additionally, court rules often permit lawyers to issue subpoenas themselves in their capacity as officers of the court.) Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness.

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

The subpoena has its source in English common law and it is now used almost with universal application throughout the Anglo-American common law world. However, for Civil proceedings in England and Wales, the term has been replaced by witness summons, as part of reforms to replace Latin terms with easier to understand English terms.

Issuance of subpoenas for proceedings in the United States district courts is governed by Rule 45 of the Federal Rules of Civil Procedure. Many state courts in the US have adopted Rule 45 or similar procedures.

The United States Congress also has the power to issue subpoenas and can punish individuals who fail to comply by contempt of Congress, which is similar to contempt of court.


[edit] See also
subpoena duces tecum
subpoena ad testificandum
summons

[edit] External links and references
What is a Subpoena? Gives advice for Americans on what to do if "you have received a legal document called a subpoena".
Administrative Subpoenas for the FBI: A Grab for Unchecked Executive Power Article criticizing the subpoena powers of the FBI
DMCA Subpoenas Article warning against internet abuses of subpoenas
Advice for UK citizens on subpoenas from foreign courts
Retrieved from "http://en.wikipedia.org/wiki/Subpoena"
Categories: Latin legal phrases | Legal documents | Latin words

SUBPOENA - An order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit.

A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences 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 usually called a subpoena ad testificandum.

On proof of service of a subpoena upon the witness, and that he is material, an attachment way be issued against him for a contempt, if he neglect to attend as commanded.

chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the 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 game 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.

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