What is Subpoena?
Updated January 24, 2026
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.
For Personal Injury cases
The record behind a term like this one is built by the client, not the file.
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