question regarding definition of subpoena?

Question

Why do some legal dictionaries (and also Wikipedia) define "subpoena" as either an order for a deposition/testimony or an order for deposition/testimony with production of documents ("subpoena duces tecum")? Can't a subpoena be just for production of documents without a deposition/testimony?

Answer 1

Yea, thats a subpoena too. It's very rare though that a person recives a document subpoena, so most people consider a subpoena to be testimony or deposition. Mostly its corporations that recive document subpoenas. You're right though

Answer 2

Go to http://www.tba.org/LawBytes/T9_1807.html, and it quotes:

"A subpoena is a written court order requiring the attendance of the person named in the subpoena at a specified time and place for the purpose of being questioned under oath concerning a particular matter which is the subject of an investigation, proceeding, or lawsuit. A subpoena is issued by someone authorized by law, usually by the attorney for a party to a lawsuit, but very often issued by someone authorized to conduct an investigation such as the State Attorney General or local District Attorney.

In addition to requiring the attendance of a person, a subpoena may also require the production of a paper, document, or other object relevant to the particular investigation, proceeding, or lawsuit. Usually a subpoena directs that the person named appear and give testimony in open court. However, certain subpoenas require the person to appear before a person or tribunal other than a court, such as a grand jury.

A subpoena will identify the person who issued the subpoena as well as the general nature of the proceeding to which it relates, although not necessarily the precise subject matter of the proceeding. If you are served with a subpoena, you cannot ignore it. If you do, you risk being held in contempt of court, even if the subpoena was not signed by a judge.

When you are served with a subpoena, you must do one of two things. You must either comply with the subpoena or, if you have an objection, you must apply to the proper court for permission to vacate or modify the subpoena. Such an application would ordinarily require the services of an attorney.

In considering what to do if you are served with a subpoena, you should keep two things in mind. First, if you feel that you may be target of a criminal investigation or that your testimony may implicate you in criminal activity, however remote, you should immediately consult an attorney. Second, if there is any question in your mind about the validity of the subpoena, you should consider challenging the subpoena by applying to the proper court before you appear at the time and place designated by the subpoena."

Answer 3

Difinition of subpoena.
A process to cause a witness to appear and give testimony, commanding him to appear before a court therein named at a time therein mentioned to testify for the party named under a penalty therein mentioned. Yes, a subpoena can also be issued for the production of documents without a depositon or testimony, meaning you are to produce them documents as stated in the subpoena. If you will google , what is a subpoena, you will see a lot of sites to find what you need.

Answer 4

Yes it can be, but usually somebody would have to be there to testify about the documents, and to how the records were obtained, stored, maintained, their accuracy, etc.