Subpoena

Definition

A subpoena is commonly defined as a written command to a person to testify before a court or be punished. More accurately, a subpoena is the conditional threat of punishment made by a governmental authority. It is attached to a command, so that if the recipient does not do as commanded then he may be punished. Subpoenas are associated with common law legal systems.

Overview

There are two common types of subpoenas:

• A subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.
• A subpoena duces tecum orders a person to bring physical evidence before the ordering authority or face punishment.

Subpoena requirements vary widely within and between jurisdictions. Additionally, differ­ent private organizations may have specific requirements. The subpoena should specifically define the evidence sought without excluding significant information.

See also

• Administrative subpoena
• Grand jury subpoena