There are two types of subpoenas in the US: ad testimoniaificandum, which orders someone to testify, and duces tecum, which requires a witness to bring specific documents. Both must be served to the person ordered to appear and failure to comply may result in penalties.
There are two types of subpoenas in the United States: the ad testimoniaificandum subpoena and the duces tecum subpoena. The ad testimoniaificandum summons orders someone to appear at a specific location to testify. The duces tecum subpoena requires a witness to appear and bring with him specific documents, such as business or personal records.
The subpoena ad testimoniaificandum, which means “to testify under penalty”, is also known as the ordinary subpoena. Most commonly orders a witness to testify in a judicial proceeding, such as a trial or deposition. When preparing for trial, it is generally considered good practice to subpoena all witnesses, both willing and unwilling, to ensure they are willing to testify. In some jurisdictions, citation forms are required to specify the penalty that may result if the recipient fails to obey the order.
When a witness receives a duces tecum subpoena, they are usually ordered to do two things: appear at a specific place and time, and bring certain documents with them for inspection. A subpoena duces tecum, which means “to carry under penalty”, is commonly used in civil matters where one party has refused to provide the other party with certain documents requested in the discovery. Discovery is a process in which parties are required to exchange pertinent information about the case with each other. If the court finds that the request is reasonable, it issues a subpoena duces tecum so that that evidence can be produced.
Both citation forms usually contain some general information. This includes the name of the legal proceeding and the parties involved, as well as the name of the person who has been ordered to appear. If a duces tecum subpoena is issued, it must contain a specific list of all the documents that the witness is obliged to produce. A subpoena is also needed to indicate the time and place where the addressee must appear.
Both summons forms must be served on or delivered to the person ordered to appear. The method of service varies by jurisdiction. Some courts require a subpoena to be delivered by a law enforcement officer, while others allow the subpoena to be sent to the witness. The attorney representing a party in a lawsuit or case is the individual requesting the subpoena. The clerk of the court where the matter is filed typically issues the subpoena.
Failure to comply with any of the subpoena forms is considered contempt of court, and the party who refuses to comply may face civil or criminal penalties. If the witness believes he has good reason not to comply with a subpoena, you may request a hearing. The court will then decide whether or not they have to appear.
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