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A "friendly subpoena" is a subpoena that is issued to an individual or entity who might otherwise testify or submit evidence willingly without a subpoena, but is prevented from doing so due to a higher order legal, ethical or regulatory loyalty, or fiduciary responsibility, which can only be superseded by a subpoena. It is called a "friendly ...
The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
Term or phrase Literal translation Definition and use English pron a fortiori: from stronger An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true.
This is a list of abbreviations used in law and legal documents. It is common practice in legal documents to cite other publications by using standard abbreviations for the title of each source. Abbreviations may also be found for common words or legal phrases.
The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law. [33] A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof. [34] In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
Voir dire (/ ˈ v w ɑːr d ɪər /; often / v ɔɪ r d aɪər /; from an Anglo-Norman term in common law meaning "to speak the truth") is a legal term for procedures during a trial that help a judge decide certain issues: Prospective jurors are questioned to decide whether they can be fair and impartial.
In this history of English common law, original writs began a legal proceeding, while a judicial writ was issued during a legal proceeding. [ 9 ] The writ was a unique development of the Anglo-Saxon monarchy and consisted of a brief administrative order, authenticated (innovatively) by a seal . [ 10 ]