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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:
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.
The obligation of the individual to attend the court as a witness is enforced by a process of the court, particular process being the subpoena ad testificandum, commonly called the subpoena in the United States. This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony.
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 ...
However, if the prosecutor acquires evidence substantiating the crime independently of the witness's testimony, the witness may then be prosecuted. Prosecutors at the state level may offer a witness either transactional or use and derivative use immunity, but at the federal level, use and derivative use immunity is much more common. [citation ...
This evidence may be to answer questions relevant to the determination of an issue of fact, or for disclosure of documents. [ 3 ] Courts usually have the power to subpoena witnesses only from within the jurisdiction of their own legislature unless they are aided by foreign judicial, or sometimes legislative, authority.
This doctrine eventually came to protect the defendant's ability to "present exculpatory evidence and testimony of witnesses". [6] For example, the Court in Brady v. Maryland used the Due Process Clause to require the prosecution in criminal proceedings to disclose evidence that is favorable to the defendant prior to a trial. [7]
The Act provides that in any criminal prosecution brought by the United States, no statement or report in the possession of the United States which was made by a government witness or prospective government witness (other than the defendant) shall be the subject of subpoena, discovery or inspection until the witness called by the United States ...
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