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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38
a subpoena was issued at my daughter's address, but I have moved out of state. How can I find out what it is about? - anon53132
37
so what happens if you recieve a summons as a witness for a civil trial, and the testimony you have to give can incriminate you on another matter?
Can I get on the stand and not say anything? - anon46994
36
do you only get served subpoenas if you are a witness? - anon45816
35
so what's the answer to the question of being out of town and having already purchased airline tickets for the same day as the subpoena? - anon44898
33
my 13-year-old son witnessed a murder and is now subpoenaed to court. does he have to go and will the person that did it be there in the courtroom? - anon42387
31
My husband has heard that he will be subpoenaed for a coworker's court date in the next couple of weeks. We have a planned family reunion and a job interview during this time out of state. If they send it in the mail while we're gone, is he still required to go? If they serve him in the few days before he leaves, can he do anything about it? - anon38674
30
Can a court date be set for you, if you do not receive the subpoena??? - anon36566
29
we keep getting people serving subpoenas for people that may have lived at our current address in the past, we've been here for 4 months. so far we've had one neighbor point us out and say "yes that's them" we had been here 6 days and never laid eyes on each other. so my landlord had to take it and straighten it out.2 days in a row another one, insisting that we were who they were looking for and a postal worker said "oh yes that person lives there" again i've never seen said postal worker. on top of that i found out it should have gone to a different street # and yet still 2 days in row they insist its for here. one time the server tried to shove it in my 10 yo's hand while she's telling him "that lady doesn't live here". i told them our name, told them the name on our mailbox is who lives here. i was standing there with my uniform, nametag on and still they argue. i have much more but it would be really long.in closing my kids are afraid, i'm nervous. we love our new place, but obviously in the past there must have been quite a few people thru here. what should? could i do? not our fault these people don't file change of address. - anon27195
28
What are my rights when issued a Subpoena? - anon24854
27
I had witnessed a shooting and filed a police report. I never agreed to testify in court. I was subpoena to show up in court to testify. I am meeting with the D.A. I am scared. The person I witnessed shooting knows my whole family. If I was to testify in court I know he will come after my family. The area we stay in is bad, everyone knows everyone. But the D.A. don't care. - anon24525
26
Oh man, I think I am in trouble! The DA came to my house to try to subpoena me and I lied and said I was my sister! Im in big trouble now arent I? Someone please help with some advice. I didnt really mean to lie, I was just scared and didnt know what it was for! Should I just keep avoiding that guy? I dont want to go to jail! Someone help me please. - anon23600
25
I had a former coworker subpoena for my unemployment hearing. She is a very important witness. She did not show up she had a letter sent to the Judge her spouse had a doctor's appointment signed by the physician. I thought when you were subpoena you had to show up for court? I know she is afraid of losing her job. But the Director knows this former coworker can verify she documented false statements against me. I was terminated from my job 9/4/08. There were false statements, accusations not investigated properly only to protect them. - anon22042
24
If someone comes to my house with a subpoena for my son for civil matter (unpaid credit card debt) what am I required by law to do? Do I have to tell them where he is now or what? - marydoyle
23
7065 my son was served with a subpoena at my house with he does not live here he lives someplace at another address. did i have to accept the subpoena?and because i didn't accept it will he be in trouble. - anon20093
22
I got subpoena but im living in a different state, and im going under surgery that same month. But i had told them that i was not going to testify but they still send me the letter. What should i do? - anon18723
21
is it possible to be subpoenaed as witness in divorce proceedings that you are not directly involved with, in other words someone else's divorce proceedings. - anon18216
20
i got subpoena but i have moved to college out of state...do they pay to fly me in? - anon16981
19
Is there a place on the internet to see who all got subpoena to a case? Thanks - samsamiam40
18
i got a subpoena i need to know if u can get in to trouble if u dont go but have a doc excusing u from it im 6 months pregnant and im on bed rest and cant go the subpoena from a credit card company trying to sue me i guess can u help me out??? - anon14798
17
What happens if you get a subpoena for a particular day but you have planned a vacation to be out of town, including airline tickets etc. - anon14621
16
Hi, I want to mention that court and congress aren't the only entities that have the authority to issue subpoenas. In Massachusetts, for example, a justice of the Peace or Notary Public may issue all subpoenas (all = ad testificandum, duces tecum, deposition). - anon14530
15
i received a subpoena for being a witness of a criminal act. However, the man did not see my face. Is there any way I can give my response without him seeing me, and not be punished for attending court? Please respond. - anon13323
14
if you get a subpoena and you don't go but it's because you were missing with someone over your age a little and they want to press charges towards them what will happen? - ch33ch33
13
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. - anon12069
12
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? - anon11235
11
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. - bestcity
9
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? - guadalupe
8
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? - bgeb
7
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. - tattertot
5
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? - anon8754
4
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? - anon7065
3
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! - anon4716
2
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? - anon4361
1
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. - anon2852
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Written by
Tricia Ellis-Christensen
Last Modified: 19 November 2009
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