Search results
Results from the WOW.Com Content Network
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 subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court. In most jurisdictions, a subpoena usually has to be served personally.
A subpoena requires the person therein named to appear and attend before a court or magistrate at the time and place, to testify as a witness. [ 37 ] Under the Uniform Rules of Criminal Procedure , the subpoena must state the name of the court and the title, if any, of the proceeding.
A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial . Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding , or by a ...
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 ...
The grant of immunity impairs the witness's right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify. Per 18 U.S.C. § 6002, a witness who has been granted immunity but refuses to offer testimony to a federal grand jury may be held in contempt.
Search the web. Legal Main; Terms of Service Summary; Terms of Service; Legal Information Privacy Policy. Privacy Policy Highlights
Frequently, the most desired witness (the deponent) is an opposite party to the action. In that instance, legal notice may be given to that person's attorney, and a subpoena is not required. However, if the witness is not a party to the lawsuit (a third party) or is reluctant to testify, then a subpoena must be served on that party. [13]