A subpoena is a legal document issued by a court, government agency, or an attorney in the context of a legal proceeding. It commands an individual or entity to perform one of two actions:
- Subpoena Ad Testificandum: This type of subpoena requires the person to appear at a specified time and place (usually a court or deposition) to provide testimony. Essentially, it’s an order to testify under oath.
- Subpoena Duces Tecum: This form requires the recipient to produce documents, records, or other tangible evidence for examination by the court or an attorney. It literally means “bring with you under penalty of law” in Latin, indicating the legal obligation to bring specified items.
Key points about subpoenas include:
- Authority: Subpoenas are legally binding, meaning failure to comply can result in contempt of court charges, which can lead to fines or even imprisonment.
- Scope: The subpoena must be specific about what is required (testimony or documents) and must be relevant to the legal matter at hand.
- Service: They must be properly served to the person or organization named in the subpoena, which typically means delivering it in person or through an authorized method like certified mail.
- Objections: The recipient can file a motion to quash or modify the subpoena if it’s overly broad, unduly burdensome, or seeks irrelevant information. However, such objections generally need to be made before the date for compliance.
- Privacy Concerns: Sometimes, subpoenas can raise privacy issues, especially with subpoenas duces tecum. Legal protections like attorney-client privilege or doctor-patient confidentiality can be invoked to challenge certain demands.
Subpoenas are a fundamental part of the legal discovery process, ensuring that courts and attorneys have access to necessary information to resolve disputes accurately and fairly.