Subpoena – Legal Maxim of the Day

century law firm legal maxim subpoena

Term- subpoena

Translation- under penalty

Definition- A writ compelling testimony, the production of evidence, or some other action, under penalty for failure to do so.

A subpoena is a legal document that requires a person to appear in court or to produce evidence for a legal proceeding. The term “subpoena” comes from the Latin phrase “sub poena,” which means “under penalty.”

A subpoena can be issued by a court, a government agency, or an attorney, and is typically used to compel a witness to testify in court or to produce documents or other evidence that may be relevant to a legal case. The recipient of a subpoena is legally required to comply with its terms, under penalty of contempt of court.

There are different types of subpoenas, including a subpoena ad testificandum, which requires a person to appear in court and give testimony, and a subpoena duces tecum, which requires a person to produce documents or other evidence. In some cases, a subpoena can also be served on a third party who may have access to the requested evidence or information.

It’s important to note that failing to comply with a subpoena can have serious consequences, including fines, imprisonment, and a finding of contempt of court. However, there are also limitations on when and how a subpoena can be issued, and recipients have certain rights and options for challenging or modifying its terms.

Overall, a subpoena is a legal document that requires a person to appear in court or to produce evidence for a legal proceeding. The recipient of a subpoena is legally required to comply with its terms, and failure to do so can result in serious consequences.