A federal subpoena is a legal order issued by a federal court judge to compel a person to appear, turn over information, or property to a law enforcement official. It is commonly used to compel a witness to testify in a crime or to turn over evidence. A federal subpoena is issued only in cases heard in federal court, and the judge will review the request and issue or deny it. The person subpoenaed must comply with the request or be held in contempt of court.
A federal subpoena is a formal request for information or property issued by a federal court judge. A subpoena is a legal order directing the requested person to appear, turn over information, or turn over property to a law enforcement official. A subpoena is appropriate to compel a witness to testify in a crime or to compel someone to turn over evidence or property.
The most common reason for a subpoena is when a witness to a crime, or an incident that gives rise to a lawsuit, does not wish to testify. The person is referred to as a hostile witness because she may have the necessary information that a plaintiff, prosecutor, or defendant needs to prove her case, but may not be willing to turn over that information for some reason. As such, a subpoena may compel him to come to court to share what he knows or to deliver desired evidence. Because the justice system depends on the court, judge, and jury receiving as much information as possible to decide a case, the court has the right to issue a subpoena to compel testimony in the interest of justice.
A federal subpoena is issued by a judge within the federal court system. This system is a court of more limited jurisdiction than a state court system. The federal court can hear cases only when a federal matter or issue is at stake or when diversity jurisdiction exists. Federal matters or matters mean that the parties are having a dispute over which federal law governs or that the matter is a matter arising under the Constitution. Diversity jurisdiction exists when two parties from different states or when a citizen and a foreigner have a dispute over $10,000 US Dollars (USD) or more.
Therefore, a federal subpoena will be issued by a federal judge only in cases heard in federal court. One or the other party – plaintiff, prosecutor or defendant – will ask the judge to issue the subpoena to help him gather the evidence he needs to make his case. The judge will review the federal subpoena request and issue or deny it. The federal subpoena will then be delivered to the person subpoenaed and he or she must either comply with the request made in the subpoena or be held in contempt of federal court and possibly subject to jail time.
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