Subpoena

A subpoena is a formal written order by the court demanding a person to appear as a witness for legal proceedings and cases. The main purpose of this order is to collect crucial testimony or information regarding the facts and evidence of a case from the said person.

A subpoena is a writ document issued by a court in legal proceedings. They are three types depending on their purpose. It can be issued to anyone, including police, psychologists, banks, schools, etc. It also serves as evidence for court trials. However, the absence of a subpoena can cause complex issues.

Key Takeaways                                                               

• A subpoena is a writ order by the Court that demands a particular person to present themselves before the trial proceeding as evidence. The clerk or notary of the public issues them.
• The history of subpoenas dates back to the late 14th century during King Richard II's reign in England. 
• The three types of subpoena orders are Subpoena ad testificandum, Subpoena duces tecum, and Deposition subpoena.
• If any individual refuses or does not appear, the Court can consider it an offense and charge a fine and imprisonment as punishment.

Subpoena refers to a writ (written command) signed by the attorney (lawyer) that demands a person to appear as evidence to testify to the facts of the court proceedings. Not responding to the subpoena can lead to a fine, penalty, or even imprisonment. 

The word "subpoena" comes from the Middle-East, Latin word "subpoena," which means 'under penalty'. Later, under English law, it became popular among court trials. During the case proceedings, on the court's behalf, the attorney requests a subpoena for their appearance. However, only the court clerk can issue it to the witness. It can be delivered through emails, letters, delivery, or verbal messages. Their job is to testify and verify the facts and evidence by taking the oath. Thus, individuals serving a subpoena in court must appear before the judiciary. Otherwise, the court can take legal action against them. 

The punishment can be a huge penalty fine of up to $1,000 or imprisonment for up to one year. For example, as per California law, anyone refusing a subpoena is considered a serious offense. However, certain conditions allow an individual serving one in court to refuse it. 

If an individual earns a subpoena but cannot attend the court trials, they can buy some extra time or shift the date through the attorney. In addition, they can produce books, documents, pictures, paper, or other evidence during the trials. In addition, the person addressing must be of at least 18 years. Also, during the process, the court cannot burden undue expenses on them. However, a person residing in a foreign country must follow Rule 28 U.S.C. (United States Code) under section 1783. 

The history of subpoenas dates back to the late 14th century during the reign of King Richard II in England. During the rule, the clergy of the Chancery court issued a writ demanding certain persons to appear in the court. Later, by the end of the 15th century, these writs became common in the Chancery Court. In the earlier days, the witnesses had to show their presence in court, as opposed to the current times when witnesses could produce documents, items, and evidence relating to the case.

By 1623, this new rule became popular in England. Likewise, with time, the court began to ask certain questions, allowed oath-taking, and produced items and facts as per the subpoena. As a result, this concept flourished in Massachusetts and other parts of the United States by the 19th century.

Let us look at the types of subpoenas to understand the concept better:

#1 - Subpoena Ad Testificandum 

Subpoena ad Testificandum refers to a writ order where an individual has to appear before the court and give oral testimony (statement). The statements of the witness are recorded as evidence for proceedings. Also known as an ordinary subpoena, it can be highly important in crime and murder cases. For example, the convict might hide facts in criminal or corporate cases. As a result, the court can use this subpoena to test the witness's knowledge.  

#2 - Subpoena Duces Tecum 

Here, the person must produce facts, documents, items, and objects about the case. The clerk might issue them if they feel a witness was available during the event. It is usually a part of the pre-trial process where an attorney can use them as evidence during proceedings. However, they cannot use the term subpoena as a witness unless the court allows it. 

#3 - Deposition Subpoena

It is similar to the subpoena duces tecum. However, the only difference is that the court will testify about the produced items. Also, the person must take an oath and answer questions the attorney and judge ask. In addition, the court reporter will record all the answers and statements. These subpoenas usually happen in civil proceedings. However, if a person refuses one on medical grounds, they can inform the attorney in advance. 

Let us look at the examples of a subpoena for a better understanding of this writ document:

Example #1

Suppose there is a major drug case with wide media attention in Los Angeles. The convicts, in this case, Fred and Shing, have murdered some victims. One of them had close relations with Stephen and Hailee. The court wanted to produce enough evidence to declare them guilty. Therefore, the attorney sent a deposition subpoena to Stephen and Hailee, ordering them to appear and answer certain questions.

Stephen appeared in court at the trial and took an oath before answering them. However, Hailee refused to accept it because of threat issues. As a result, the court imposed a penalty of $1000 and one-year imprisonment on her. However, if she had accepted and appeared, she would have escaped the penalty imposed. 

Example #2

In November 2022, former U.S. President Donald Trump refused to accept the assigned Subpoena for the January 6 attack, undermining the 2020 results. As a result, the court has asked him to produce enough documents and testimony to confirm his truth. Trump stated that the order was invalid and unenforceable and sued the January 6, 2021 panel that issued it.

Although subpoenas, summons, and warrants are court orders, each serves a different purpose. The former authorizes a person to appear before the court in legal proceedings. However, the summon is issued to a person already a victim of the case, unlike the former. In contrast, a warrant is a court order that allows the officer to arrest or conduct a search of their house. In addition, these individuals can also seize their property if the order says so.