What is a Subpoena?
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Subpoena translates to "under punishment" in Latin. It is an order from a court for a person to appear at a trial under punishment for failure to appear. If the person given a subpoena does not appear, some courts have the discretion to find the person in contempt of court and either order the person’s arrest or issue fines accordingly.
The term subpoena is primarily used in US courts. The preferred term in the UK is now Witness Summons, at least in civil trials. In either country, the subpoena is usually written by the court clerk after he or she has been given a list of witnesses for a trial. The court clerk then writes out, usually in a form letter, a request for the witness’ presence at a specific date and time for testimony.
When the testimony has lagged or the trial has been delayed, those receiving a subpoena still must appear at the specified date and time. The witness may then be given another date and time to appear, or may have to wait several hours or days to deliver testimony. If one has a time conflict of a serious nature, contacting the court or the attorneys may help change the subpoena date to a better time. In some cases, testimony has been given over long distances, or has taken place in locations other than the court, such as hospitals. In these cases, both the defense and prosecuting lawyer must be present so that fair examination and cross-examination can both take place.
When a subpoena is issued, it is usually the responsibility of the attorney to deliver it. In criminal cases for example, the defense lawyer will deliver subpoenas to any witnesses who might help prove innocence. The prosecuting attorney will deliver subpoenas to those who can help prove the guilt of the accused.
As well, in divorce or child custody hearings, a subpoena can be issued to one of the spouses. Failure to appear in a child custody trial is tantamount to giving up custody of one’s child. Failure to appear in a divorce proceeding tends to mean the divorce is uncontested and may be granted immediately. Financial or custodial arrangements after the divorce usually will favor the appearing spouse.
The US Congress is empowered to send subpoenas when testimony is required in a congressional investigation. The US Congress, like the federal and state courts, can fine people who ignore a summons to testify. A person failing to appear is said to be in contempt of congress.
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New: Discuss this ArticlePosted by: anon2852
What happens if a subpoena is issued but the person it is for is not available? If it was for a grand jury and it was never served before the date of the grand jury will that person have any problems from that. Also, can you explain how sealed indictments work. If a sealed indictment is issued do law enforcement officials actively attempt to find the person named in the indictment or do they just post it to law enforcement and wait for that person to just get picked up somewhere.
Posted by: anon4361
My subpoena was given to my parents while I was at college, six hours away. Does it matter that the subpoena wasn't given to me directly and it wasn't signed by the person who delivered it?
Posted by: anon4716
Service of a Subpoena is usually made at a person's usual place of abode. Meaning, if the subpoena was served at your home while you were away at college ,the service is good. You should acknowledge the service and comply. But then again, you can do the wrong thing and say the address where the subpoena was served is NOT your home. You would be lying and subject to sanctions and more aggravation that telling the truth. I am a Licensed Process Server, and serve process in Florida. You can run but you can't hide!
Posted by: anon7065
If a Subpoena was served to a home that you no longer live at but have not done a change of address for your license and a subpoena was served at the address and left in the mailbox. basically my question is does a subpoena have to be given to someone or can it be left in the mailbox? And if a person no longer lives at the address do the people that live there have to take the subpoena and can they be called into court if they have no information about the proceedings?
Posted by: anon8754
I was given a subpoena by my neighbor signed only by her lawyer to go to court as a witness. the address is wrong and my name is spelled wrong, do I have to show up?
Posted by: tattertot
i need to know if i have to go to court if i didn't receive a subpoena but i have one out for me. a district attorney called and left a message i called her back and she gave me a time and date but didn't tell me were. i just want to know if i have to go if i don't have a subpoena in my hands, and will i get in trouble.
Posted by: bgeb
Can anyone subpoena (ex wife, private detective, police, etc) internet records without notifying a person? Is there a way to find out if a request for those records has been made? If so, how?
Posted by: guadalupe
what does it mean when you get subpoena and it says state of new jersey plaintiff vs. defendant Joe?
what to say when you get subpoena and you do not know what you are being called for? Posted by: bestcity
Guadalupe - Sounds like the State of New Jersey is suing Defendant Joe. The subpoena (or subpena) should state the legal claims being made against Joe. It should tell you what charges are being made against Joe. Sounds like you are being subpoenaed to be a witness for that lawsuit. Generally, if you get a subpena, you are required to go tell the truth in court unless doing so would incriminate yourself or some other legal privilege gets you out of testifying. But you still have to show up, usually. If you are unsure about what to do with the subpena, there should be a contact number to the court that is overseeing the case. Call them. They should answer any questions you have. Alternatively, you can always call public aid in your area or an attorney.
Posted by: anon11235
I just got a subpoena. The officer told me that it is on "stand-by" what does this mean? He also told me that i cannot leave the county for 30 days or until i am dismissed because they will call me at any moment to come to court and i have to drop whatever im doing to be there. Can they really tell me i can't leave the county or i will be arrested? Don't they usually have a set date and time that you have to come in?
Posted by: anon12069
What if I am subpoenaed for a murder trial, but not involved with in any way except for I happened to be the sister of the guy involved in the case and they were staying at my apartment because my sister lived with me, and the court wants me to testify because I was home when they were home the night of the murder. I will be serving in Iraq during the trial and they want to send me a subpoena to come back to the states and testify. I was told that I will have to use my own money to fly to the states and then back to Iraq. Is that true or am I only being threatened for cooperation in testifying for something I have no clue about only that I was home that night and saw them.
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Tricia Ellis-Christensen
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