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2007-07-18 15:45:40 · 10 answers · asked by Haya 1 in Politics & Government Law & Ethics

10 answers

something you hope you never get!

2007-07-18 15:52:48 · answer #1 · answered by cee 4 · 0 0

A legal order to appear in court.

According to Wikipedia: http://en.wikipedia.org/wiki/Subpoena
"A subpoena is "a command to appear at a certain time and place to give testimony upon a certain matter." The term is from the Middle English suppena and the Latin phrase sub poena meaning "under penalty." The term may also be spelled "subpena."

A subpoena is used to compel the testimony of witnesses in a trial or other adversarial proceeding. Subpoenas are issued by the clerk of the court (see below) in the name of the judge presiding over the case in which the witness is to testify. (Additionally, court rules often permit lawyers to issue subpoenas themselves in their capacity as officers of the court.) Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness."

2007-07-18 22:49:42 · answer #2 · answered by Dan S 7 · 2 0

A subpoena is a court demand for something...usually paperwork or for someone to appear in court. Refusal of a subpoena could get you a contempt charge or worse.

2007-07-18 22:49:45 · answer #3 · answered by Anonymous · 1 0

DanS (above) is mostly correct.

A subpoena is an order "under penalty" to appear before a tribunal of any sort.

They are most commonly used by courts (see DanS's answer).

However, they can also be used in administrative contexts to appear before an administrative board. Or they can be issued by Congress (House or Senate) to appear before a Congressional committee or sub-committee.

Refusing to abide by a subpoena is punishable as contempt -- either contempt of court, or contempt of congress, based on who issued the order.

2007-07-18 23:09:00 · answer #4 · answered by coragryph 7 · 1 0

Looks like you already have two good answers -Dans and Melissa's ...with a source reference. There are also legal definition websites online the next time you need to find a definition to a legal Phrase! The link is listed in the source section below!

To learn more about subpeona's you can also go to the second website as there are also different kinds of subpoena's

BUT WHAT DO YOU DO IF YOU GET A SUBPOENA?

If you have received a legal document called a subpoena, it is important that you know what a subpoena is and what it means to you.

Subpoenas are generally delivered in person, either by a uniformed officer or by a person assigned the job by one of the parties in the case. The person delivering the subpoena is called a process server. The process server must be eighteen years of age and not a party to the lawsuit.

A subpoena is an order, issued by a court of law, which requires you to appear in person at a certain place on a certain date and time. Except as described in this recording, you have no legal choice but to appear at the place on the date and time listed on the subpoena. The subpoena may require you to go to court or to an attorney's office to answer questions under oath about a particular case.

Sometimes people confuse other legal documents they receive with a subpoena. For example, a summons requires the filing of an answer or a defense to a lawsuit filed against you; a notice of hearing merely notifies you of a matter about which you might be interested, but it does not always require your attendance.

If you look carefully at the subpoena which you have received, you will learn the location and type of court which issued it. The court must be a legal court in the geographic area in which you reside. This means that you may not be required to attend court if that court is located in a distant part of the state or in another state altogether. You are entitled to be paid fees and transportation costs on a mileage basis to the designated place, unless you are a party to the lawsuit. The amount of fees and transportation costs which you are entitled to be paid is determined by state law. You should advise your employer if you need to be excused from work to comply with a subpoena.

The subpoena which you have received may also require you to bring with you certain documents or objects. A paper describing the requested documents or objects should be given to you along with the subpoena.

Should you fail to personally appear as the subpoena orders, and you are not excused, you may be found in contempt of court, meaning that you have disobeyed the court. The court may punish you. You may have to pay all damages caused by your not appearing in court. The court also has the right to issue a warrant for your arrest, in which case you will be brought to court by a law enforcement officer. Contempt of court may even mean a jail term.

If it will be impossible or extremely difficult for you to appear at the time required by a subpoena, telephone the attorney for the party at whose request the subpoena was issued. Usually the attorney's name, address, and phone number will appear on the subpoena. Explain the problem to him or her. The attorney may be able to postpone the deposition or to arrange the presentation of evidence in the trial so as to permit your testifying at a later time or on a later date. In fact, even though it will be possible for you to appear at a trial, it is often advisable to communicate with the attorney who has subpoenaed you to make arrangements for you to be available "on telephone call". In that way it may not be necessary for you to sit through the entire trial. If it is absolutely impossible or would be seriously harmful to your health or your business to appear at a particular time, and if the attorney declines to make arrangements for you to appear later, then you should seek the advice of your own attorney to ascertain whether there may be legal grounds for you to be excused by the court.

You should know that you may object to the subpoena. If you submit written objections, you should list all the reasons you think it unfair or unjust for you to appear or to bring such objects. Even if you have objected in writing, you still must obey the subpoena and appear in person at the designated location, unless the court grants your objection prior to the scheduled time of your appearance.

If you believe you need legal advice, call your attorney

Hope you got your question answered satisfactory!
Have a great day!

2007-07-18 23:18:07 · answer #5 · answered by Wanda A 2 · 0 0

This is an order written by a lawyer and approved by a judge.

It can order you to show up in court to testify.
It can order you to produce some documents.

If you disobey the order, the judge can issue an arrest warrant to send you to jail for contempt of court.

2007-07-18 23:07:52 · answer #6 · answered by Al Mac Wheel 7 · 0 0

A writ that requires you to appear and give testimony. It is premised on the ancient theory that the people have the right to evidence, and that includes testimony of a witness. A witness such as yourself.

2007-07-18 22:50:03 · answer #7 · answered by krollohare2 7 · 0 0

Its Means you have been ordered to appear in Court..

2007-07-18 22:53:19 · answer #8 · answered by Anonymous · 0 0

It's a summons to appear in court.

2007-07-18 22:49:35 · answer #9 · answered by Anonymous · 0 0

check out this article..

http://en.wikipedia.org/wiki/Subpoena

2007-07-18 22:53:25 · answer #10 · answered by Melissa R 3 · 1 0

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