What is a Subpoena?

A Subpoena is a legal document which orders a person to appear in court, produce documents or other material, or to answer questions under oath. A subpoena usually requires the person to who it is addressed to produce evidence at a specific time and place. It is issued by a court or other legal authority.

A Subpoena is often used during a civil or criminal trial to force a witness to cooperate. Witnesses may be required to provide testimony, or production of documents or other items that may be relevant to the proceedings. Subpoenas may also be issued to compel a witness to appear in court, or to give a deposition during pre-trial proceedings.

In criminal cases, court-issued subpoenas are commonly used to produce physical evidence or expert testimony, or to compel a witness to take the stand in court. In civil cases, a subpoena may be issued to compel individuals or corporations to produce relevant documents and other forms of evidence in a corporate matter or dispute.

The Difference between a Subpoena and a Subpoena Duces Tecum

A subpoena duces tecum is a type of subpoena which orders a person to appear and bring with them any relevant documents or records which are related to the case. This subpoena is commonly used in cases which require the production of documents or other forms of evidence.

For example, a subpoena may be used to order an automobile dealer to produce records of previous sales transactions. In contrast, a regular subpoena requires the appearance of a witness, but does not specifically require them to bring any documents or other items with them.

Enforcement of a Subpoena

Most subpoenas are issued to individuals or entities as a means of compelling them to cooperate. However, if a person or entity refuses to comply with the subpoena, a court may issue an order of contempt. This order may require the person or entity to comply with the subpoena, or face punishment such as fines, jail time, or both.

In rare cases, the court may find it necessary to enforce the subpoena by arresting the subject or issuing a search warrant. This is only done if the court finds evidence of criminal activity or determines that a person or entity may be in possession of evidence vital to the case.

Conclusion

In summary, a Subpoena is a legal document which orders a person to produce documents or other material, or to answer questions under oath. A subpoena duces tecum is a type of subpoena which orders a person to appear and bring with them any relevant documents or records which are related to the case. If a person or entity refuses to comply with the subpoena, a court may issue an order of contempt requiring the person or entity to comply or face punishment.