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Example of subpoena in the case Anderson v. Cryovac [3] The term subpoena is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty". [4] It is also spelled "subpena". [2] The subpoena has its source in English common law and it is now used almost with universal application throughout the English common law world.
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.
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 ...
Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority. For example, Alice in the United States , could not summon Jean from France to the US courthouse.
Administrative subpoena; Advance healthcare directive; Affidavit; Air waybill; Allocation questionnaire; Amendment; Amicus curiae; Answer (law) Apostille Convention; Articles of partnership; Avalon Project
By law, NSLs can request only non-content information, for example, transactional records and phone numbers dialed, but never the content of telephone calls or e-mails. [ 1 ] NSLs typically contain a nondisclosure requirement forbidding the recipient of an NSL from disclosing the FBI had requested the information. [ 2 ]
However, if a person will not come by invitation alone, a committee or subcommittee may require an appearance through the issuance of a subpoena (Rule XXVI, paragraph 1). Committees also may subpoena correspondence, books, papers, and other documents. Subpoenas are issued infrequently, and most often in the course of investigative hearings.