Subpoena
Literal meaning: “Under penalty.”
What does the Latin term "Subpoena" mean in law?
A subpoena is a court-issued command requiring a person to appear and give testimony (subpoena ad testificandum) or to produce documents, records, or other tangible evidence (subpoena duces tecum). Failure to comply with a valid subpoena without lawful excuse may result in contempt of court. Subpoenas are fundamental tools of discovery and trial practice, enabling parties to compel the attendance of witnesses and the production of evidence. Challenges to subpoenas may be raised through motions to quash or modify, typically on grounds of undue burden, privilege, or lack of relevance.
Source: Procedure · Legal Latin
Legal Definition
A subpoena is a court-issued command requiring a person to appear and give testimony (subpoena ad testificandum) or to produce documents, records, or other tangible evidence (subpoena duces tecum). Failure to comply with a valid subpoena without lawful excuse may result in contempt of court. Subpoenas are fundamental tools of discovery and trial practice, enabling parties to compel the attendance of witnesses and the production of evidence. Challenges to subpoenas may be raised through motions to quash or modify, typically on grounds of undue burden, privilege, or lack of relevance.
How It's Used
Subpoena is used constantly in litigation practice when compelling witness testimony or document production. Law students encounter it in civil procedure and evidence courses. The two main types — subpoena ad testificandum and subpoena duces tecum — should be distinguished.
Example Sentences
The plaintiff served a subpoena on the custodian of records at the hospital, compelling production of the patient's medical files.
The witness was held in contempt for failing to appear in response to a lawfully served subpoena.
Defense counsel moved to quash the subpoena on grounds that the requested documents were protected by attorney-client privilege.