Criminal Law

Subpoena

Phonetic Pronunciation: /suh-PEE-nuh/

Plain-English Definition:A formal written legal order issued by a court or authorized governmental officer commanding an individual to appear and testify, or to produce specified documents.

In-Depth Legal Analysis & Doctrinal Background

There are two primary types of subpoenas: Subpoena Ad Testificandum (commanding a person to appear and testify in court or at a deposition) and Subpoena Duces Tecum (commanding the recipient to bring or produce tangible documents, records, emails, or electronic evidence). Willful failure to comply constitutes contempt of court.

Real-World Legal Scenario

"A criminal defense attorney serves a subpoena duces tecum on a municipal transit agency demanding surveillance video recordings from a bus stop during the precise time a robbery allegedly occurred."

Federal vs. State Jurisdictional Considerations

Issued under Federal Rule of Civil Procedure 45 or Federal Rule of Criminal Procedure 17 in federal actions, and state procedural statutes in state actions.

Related Legal Concepts

DepositionContempt of CourtDiscoveryDue Process

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