Subpoena

A subpoena is a written court order which requires a person to appear at a certain time at a certain place to answer questions or produce documentation pertinent to a legal case. A subpoena requires a person to appear in a criminal case, while a summons requires a person to appear in a civil case, though subpoena is the term often used for both. This document will define the types of summons that are issued, how they are issued, and the rights and the responsibilities of a person served with a subpoena.

There are two types of subpoenas that a person might be served with. The first is a subpoena duces tucum, or records only subpoena, requiring the served party produce specified papers, documents, and other tangibles that are suspected evidence in a case. The second is called an ad testificandum subpoena and requires the witness to appear at a certain time to provide oral testimony. It may be possible for a person to be served with a subpoena that requires them to appear in court to testify and to produce documents. A subpoena can require that a person appear at an attorney's office or in court to answer a series of questions under oath and/or to produce documents.

A subpoena usually originates with the attorney for one of the parties in a legal case. They will request that certain individuals be served with a subpoena in order to later produce testimony or evidence at a specified time. A subpoena is usually issued by the clerk of the court in the name of the judge who is presiding over that case. The requesting party is responsible for ensuring that the subpoena is properly served to the witness and is also responsible for paying witness fees. Witness fees can include the cost of transportation for that individual to appear at the specified place and time and other related costs. The subpoena will be delivered to its recipient by a uniformed person called a process server. A process server must be over the age of eighteen and not one of the parties of the case.

When you are served with a subpoena, it is important to read over every detail carefully so that you fully understand your rights and obligations. If you have any questions an attorney can help you understand all the details of the subpoena and your role in a case. The word subpoena is Latin for "under penalty." This word is fitting because if a person who is served with a subpoena fails to follow its instructions, they can be held in contempt of court. When this happens the judge may issue a bench warrant and the person who violated the subpoena will be located by the police and brought to court. This person may be subject to fines, and damages related to their failure to appear, and possibly incarceration for violating a subpoena.

If you have been served with a subpoena and you have a legitimate reason for not being able to meet its specified terms you may contact the issuing attorney and explain your situation. They may be able to request postponement of the case or make some accommodation. A person may also have the right to object to a subpoena. If this is the case in your situation, it is wise to speak with a qualified legal professional to ensure that you do not compromise your interests. If you would like to learn more about a subpoena, please contact us to speak with a qualified and experienced attorney in your area.