A subpoena is a legal order for individuals or objects to appear at a specific time and location. There are two types: ad testiificandum and duces tecum. A civil subpoena must follow guidelines and be served within the district or 100 miles. The clerk signs and issues the summons to a person not affiliated with either party, who then serves it to the individual.
A subpoena is an act issued by a government agency ordering the appearance of individuals or objects on a specific day, time, and location. A writ is a formal writ issued by a person with judicial jurisdiction. In Latin, subpoena means “under penalty”. A civil summons is executed by a person who is not in either party and who is at least 18 years old. Service by a U.S. marshal is rare and occurs only when a U.S. court or attorney directs the U.S. marshal to do so.
There are two types of subpoenas. The ad testiificandum summons is a formal document ordering a named person to appear before a duly authorized body at a pre-arranged time to testify. A court or grand jury will use a civil subpoena to compel people to appear at a specific time to testify. Anyone receiving a subpoena will be charged with contempt if he fails to appear at a certain time.
Subpoena duces tecum is the judicial process of commanding the assembly before a court of documents and other tangible evidence. A person who has served a civil subpoena must produce the elements required for the trial. The subpoena duces tecum is open to anyone in possession of the relevant documents. The subpoena may not be permitted if there are alternative methods of obtaining the requested information.
A civil subpoena has certain guidelines that must be followed in order for that written order to be followed. For most subpoenas, these must be served within the district or within 100 miles of the district where the deposition and trial will take place. Under the Federal Civil Procedure Rule, the court may require an individual to travel more than 100 miles to attend trial, provided the individual is compensated. The summons in civil proceedings for the deposition must be issued by the court seised. A separate subpoena must be given to a witness in a trial by the trial court.
The clerk of the district or the United States bankruptcy court will sign and issue the summons to a person not affiliated with either party. This person will then serve the subpoena to an unsuspecting party. In most cases, the subpoena must actually be served on the individual. The summons will specifically state where and when the individual or items must be present in court. Each person involved in the case will be identified on the court letterhead. The return service of the summons must be signed by the clerk on the summons.
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