Subpoena

Introduction to Subpoena

Subpoena, in legal procedure, a process or a mandatory writ directing a party to appear at a certain time and place, for the purpose of testifying or furnishing documentary evidence required in a legal proceeding or quasi-judicial hearing. A subpoena may be issued by a court or by a quasi-judicial body such as a legislative committee. In the U.S. many administrative agencies have statutory authority to issue subpoenas. A witness is usually served with a subpoena by having a copy of it delivered personally or as provided by law, and at the time of delivery is also shown the original subpoena. The witness is also paid a statutory fee. A witness who fails to appear in obedience to a subpoena may be cited for contempt of court and is liable also for damages sustained by the aggrieved party. Witnesses may, however, postpone their appearances for reasonable cause, such as illness or death in the family.

In the U.S., in those states having codes of civil procedure, subpoenas used in legal proceedings before a court may be issued in the name of the court by the attorney requesting the appearance of the witness. In some states, in certain proceedings, the subpoena must be issued by the court. In most states, however, attorneys can issue subpoenas for examination of a debtor and in criminal cases.” (1)

Resources

Notes and References

• Information about Subpoena in the Encarta Online Encyclopedia

Guide to Subpoena