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What is a subpoena?
A subpoena is a writ issued by
a court that commands the presence of a witness to testify, under a
penalty for failure.
Subpoena
Process
Subpoenas are usually
issued by the clerk of the court in the name of the judge presiding over
the case. Additionally, court rules may permit
lawyers to issue subpoenas
themselves in their capacity as officers of the court. Typically
subpoenas are issued "in blank" and it is the responsibility of the
lawyers representing the
plaintiff or defendant on whose behalf the testimony is to be given to
serve the subpoena to the witness.
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The subpoena will usually be produced on the letterhead of the court
where the case is filed, naming the parties to the case, and is
addressed by name to the person whose testimony is being sought.
The subpoena will contain the language such as "You are hereby commanded
to report in person to the clerk of this court" or similar, describing
the specific location, scheduled date and time of the appearance. Some issuing jurisdictions include an admonishment on the subpoena
advising the subject of the criminal penalty for failure to comply with
a subpoena, and reminding them not to leave the court facilities until
excused by a competent authority. In some situations the person is paid. |
Subpoenas are delivered by
process servers. |
