A subpoena is a legal document that orders a person or entity to appear in court or to produce documents or other evidence related to a case before a court, administrative agency, or other legal authority.
The literal translation of the term subpoena is “under penalty,” which reflects the gravity of ignoring a subpoena during the discovery or trial process. If someone fails to comply with a subpoena, they may face consequences including a hefty fine for contempt or other criminal charges.
Types of Subpoenas
There are two main types of subpoenas: a subpoena ad testificandum and a subpoena duces tecum. A subpoena ad testificandum requires that the recipient appear in court to testify as a witness. A subpoena duces tecum orders the recipient to appear in court to produce documents or other physical items as evidence.
Examples of Subpoenas
In the recent case against President Trump former Attorney General Jeff Sessions was subpoenaed to provide testimony before Congress. In another example, the House Judiciary Committee recently subpoenaed Facebook for information on its privacy practices.
Ultimately, a subpoena is a powerful tool used to compel a person or entity to testify or produce evidence in a legal proceeding.