A subpoena is a formal legal order issued by a court or government agency that compels a person to either testify as a witness or produce documents or other evidence in a legal proceeding. It requires the individual to appear at a specified time and place to provide testimony or to submit requested materials relevant to a case
. There are two main types of subpoenas:
- Subpoena ad testificandum : orders a person to testify before the court or other legal authority.
- Subpoena duces tecum : orders a person to produce documents or tangible evidence
Subpoenas are enforceable under penalty of law, meaning failure to comply can result in contempt of court charges, which may include fines or imprisonment
. They are used in both criminal and civil cases to gather evidence or compel witness testimony
. The subpoena must be properly served, usually in person, and the recipient has the right to object in writing if they believe the subpoena is unjust or overly burdensome
. The term "subpoena" comes from Latin meaning "under penalty," reflecting the compulsory nature of the order
. In summary, a subpoena is a court-issued command to appear and testify or to produce evidence, backed by legal penalties for noncompliance. It is a key tool in the legal discovery and trial process
