subpoena

A subpoena is a legal document issued by a court or other authorized body that requires a person to appear as a witness or to produce documents or other evidence. The term derives from Latin, with subpoena meaning “under penalty.” Subpoenas come in two main forms: subpoena ad testificandum, which compels a person to testify, and subpoena duces tecum, which requires the production of documents or other tangible evidence.

Issuance and scope: Subpoenas are issued by courts, grand juries, or government agencies and must specify the time, place, and nature of the appearance or production. They are subject to rules that limit scope to relevant, non-privileged matters and to reasonable burdens on the recipient. Recipients may challenge the subpoena by objecting, filing a motion to quash, or seeking a protective order.

Compliance and penalties: Failure to comply can lead to contempt of court, resulting in penalties such as fines or imprisonment. Persons served with a subpoena may seek to narrow its scope, delay compliance, or assert privileges (for example, attorney‑client privilege, certain work product, or, in some cases, the Fifth Amendment).

Cost and service: Witnesses may be compensated for time and travel; production costs may be reimbursed in some jurisdictions. Service methods vary by jurisdiction and can include personal delivery or other approved means.

In the United States, subpoenas are governed by rules under the Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure, with state laws applying to state and local proceedings. Subpoenas are common in civil litigation, criminal investigations, and regulatory proceedings.