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A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony. Thus, the subpoena is the mechanism for compelling the attendance of a witness. [27] [28] [29] Subpoena ensures the right to confront witnesses in a court of law.
A subpoena (/ s ə ˈ p iː. n ə /; [1] also subpœna, supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:
The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the ...
The expected evidence or witness is material and competent to the trial. [43] [44] [45] There is a probability that the evidence will be forthcoming if the case is continued. (Case law reviewed) [46] [47] The moving party (the party requesting the continuance) has exercised due diligence (issued a subpoena) to secure the evidence or witness ...
Summons for Martin Luther to appear at the 1521 Diet of Worms, signed by Charles V. The text on the left was on the reverse side. A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. [1]