Subpoena

Definition of Subpoena

Note: See a more comprehensive approach to the Subpoena legal concept in the American Law Encyclopedia

An order that commands a person to appear at a particular time and place to offer testimony. Subpoenas are most likely to be issued by courts and grand juries, but may also come from legislative bodies or independent commissions. A subpoena duces tecum is a command to someone holding or controlling records or documents that compels the production of those items at a particular proceeding such as a trial. Failure to comply with a subpoena may subject a person to punishment for contempt. The right of a criminal defendant to use the subpoena or compulsory process is protected by the Sixth Amendment. This means an accused can compel the appearance in court of even the most unwilling witness.

See Also

Compulsory Process (Law of the United States) Grand Jury (Law of the United States).

Definition of Subpoena

Meaning of subpoena, related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of subpoena below.

Resources

See Also

Further Reading

• Information about subpoena in: John Downes and Jordan Elliot Goodman, “Dictionary of finance and investment terms” (Hauppauge, New York, Barron's, 2014)
• Information about subpoena in: Jerry Martin Rosenberg, “Dictionary of investing” (New York, Wiley)
• Information about subpoena in: Campbell R. Harvey's Hypertextual Finance Glossary

Resources

Subpoena Related Resources

• Subpoena in the United States Legal Encyclopedia
• Criminal Judicial Process Keywords in the United States Legal Encyclopedia
• Criminal Process Keywords in the International Legal Dictionary

Notes

• “Subpoena”, The American Law Dictionary, 1991, California

Subpoena

In the Past

Developments

This writ was invented by John Waltham, bishop of Salishury and chancellor to Rich. II. under the authority of the statutes of Westminster 2 and 13 Edw. I. c. 34, which allowd him to devise new writs. 1 Harr. Prac. 154; Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin. Ab. h. t.; 1 Swanst. Rep. 209. [1]

Resources

Notes and References

1. Partialy, this information about subpoena is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including subpoena.

See Also

Subpoena

In the Past

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 there named, at a time there mentioned, to testify for the party named, under a penalty there mentioned. This is usually called a subpoena ad testificandum.

Developments

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. [1]

Resources

Notes and References

1. Partialy, this information about subpoena is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including subpoena.

See Also

Subpoena (Criminal Judicial Process)

Meaning of Subpoena

This is a brief definition of subpoena; a term used, in general, in the field of procedural law within the United States: A document requiring a person to appear at a specified time and place to give testimony as a witness_ a subpoena duces tecum directs the person to bring books, documents, or the like.