In U.S. Law, “subpoena” from the Latin term meaning “under penalty,” is a written document and command from the courts requiring a person to take a certain action like appearing as a witness or handing over a piece of evidence.
There are two primary types of subpoenas:
subpoena ad testificandum (pronounced “ad test-tee-fee-kan-doom”)
This is a written request for an individual to appear in court, via phone, or video to testify about specific claims or events.
subpoena duces tecum (pronounced “doo-seez tay-koom”)
This is a written demand for a person to produce physical evidence such as documents, photos, or videos.
Subpoenas are typically delivered by a process server, sheriff, or bailiff. As the Latin phrase “under penalty” suggests, failing to respond to a subpoena within the designated timeframe can lead to fines or even imprisonment.
Related Terms:
- Deposition Subpoena: This type of written directive requires a non-party to the case to provide sworn testimony or specific documents before a trial begins. Deposition subpoenas are part of the discovery process.
What Does Subpoena Mean? – Let’s Break It Down in Layman’s Terms:
A subpoena originates in the courtroom, drafted by a clerk, lawyer, or authorized court officer. It is then served to the relevant individuals, often through a sheriff to ensure its official delivery. Upon receipt, the recipient must act promptly or face legal consequences. The purpose of a subpoena is to obtain crucial information for a case that may not be accessible through a simple request.
You might hear “subpoena” used like this, here’s what it means:
“She’s refusing to provide her income tax return voluntarily, so we’ll have to subpoena those documents from her.”
Translation: The individual involved in the dispute is unwilling to hand over the documents we need voluntarily. We’ll need the court to compel her to do so under penalty of law.
(Note: In this context, “subpoena” is used as a verb)
“The files on that computer are now under subpoena.”
Translation: The court has ordered the computer files to be produced as evidence.
