A subpoena is a legal way to force someone to give testimony in a court of law or a deposition. It is a written order requiring someone, typically a witness, to appear, produce documents or provide information in a legal action. Subpoenas are used by lawyers to gather evidence to support their case, and are enforced by the court.
In essence, a subpoena is a “legal demand” that usually requires the recipient to appear in person or produce documents or information related to a case. Subpoenas can be issued by an individual involved in a court case, or by attorneys representing the parties. Sometimes a court may also issue a subpoena.
It is important to remember that ignoring a subpoena can lead to serious consequences. Failure to comply with the subpoena may result in sanctions and the possibility of jail time.
Types of Subpoenas
There are two main types of subpoenas: trial subpoenas and deposition subpoenas. A trial subpoena requires the recipient to appear in court to testify. A deposition is a type of out-of-court proceeding, similar to a trial, where parties can ask the witnesses questions and gather evidence. A deposition subpoena requires the recipient to appear for the deposition.
Subpoena Power in the Media
The power of the subpoena was recently seen in action in the largely-publicized arrest of President Donald Trump’s former advisor, Roger Stone. Stone was charged with obstruction of justice, making false statements and witness tampering, and it was the subpoena that ultimately revealed Stone’s correspondence that led to his indictment.
The power of the subpoena is one of the cornerstones of the U.S. legal system, and it is one of the most important, and at times intimidating, tools that attorneys have in their arsenal.