Subpoena

A subpoena (pronounced 'suh-pee-nuh') is a writ commanding a person to appear under penalty (from Latin).

Related Topics:
Writ - Latin

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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. 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.

Related Topics:
Testimony - Witness - Trial - Judge - Lawyer - Plaintiff - Defendant

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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 However, for Civil proceedings in England and Wales, the term has been replaced by witness summons, as part of reforms to replace Latin terms with easier to understand English terms.

Related Topics:
English common law - England and Wales - English

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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.

Related Topics:
United States district court - Federal Rules of Civil Procedure

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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.

Related Topics:
United States Congress - Contempt of Congress - Contempt of court

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