Subpoena

Definition:

A subpoena is a legal document issued by a court or other authority requiring a person to appear in court or provide information. It is a compulsory order compelling the recipient to comply with the court’s request.

Purposes:

• To gather evidence in a case.
• To compel witnesses to testify.
• To obtain documents and other evidence.
• To enforce court orders.

Form:

A subpoena typically includes the following information:

• Name of the court: The court where the subpoena is issued.
• Case number: The unique number assigned to the case.
• Date and time: The date and time the recipient is required to appear.
• Location: The place where the recipient is required to appear.
• Description of the required action: The specific tasks the recipient is required to complete.
• Signature of the issuing judge: The signature of the judge who issued the subpoena.

Types of Subpoenas:

• General subpoena: A subpoena that requires the recipient to appear in court for a specific hearing or trial.
• Deposition subpoena: A subpoena that requires the recipient to provide testimony in a deposition.
• Document subpoena: A subpoena that requires the recipient to provide documents or other evidence.
• Subpoena duces tecum: A subpoena that requires the recipient to bring specific witnesses or documents.

Enforcement:

If a recipient fails to comply with a subpoena, the court may impose sanctions, such as fines or imprisonment.

Examples:

• A plaintiff in a car accident case may subpoena the other driver, witnesses, and the officer who responded to the accident.
• A landlord may subpoena a tenant for a hearing related to a lease violation.
• A company may subpoena employees for testimony in a patent infringement case.

Additional Notes:

• Subpoenas are typically served by a process server or law enforcement officer.
• The recipient has the right to object to the subpoena on grounds of privilege or hardship.
• If the recipient is unable to comply with the subpoena due to illness or other legitimate reasons, they may seek a modification from the court.