What is Subpoena?
A court order that compels a person to appear and give testimony at a deposition or trial, or to produce documents and other evidence.
Understanding Subpoena
There are two main types: a subpoena ad testificandum requires a person to testify, while a subpoena duces tecum requires the production of documents or physical evidence. Failure to comply with a subpoena can result in contempt of court charges. Subpoenas can be issued to parties and non-parties alike, including hospitals, employers, and witnesses.
Examples
- 1Subpoena requiring hospital to produce plaintiff's medical records
- 2Witness subpoenaed to testify at trial about the accident
- 3Subpoena duces tecum for employer's records of plaintiff's wages
Related Terms
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Expert Witness
A person with specialized knowledge, training, or experience who is allowed to offer opinion testimony to help the jury understand technical or scientific issues.
Protective Order (Discovery)
A court order that limits the scope of discovery requests or restricts the use and disclosure of sensitive information produced during the discovery process.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
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