Legal Definitions - alias subpoena

An alias subpoena is a second or subsequent subpoena issued in a legal case, typically when an earlier subpoena for the same purpose was not successfully served, was defective, or was disregarded. The term "alias" signifies "another" or "otherwise called," indicating that it is a renewed or reissued version of a previous legal order. It serves to compel a person's appearance in court or at a deposition, or to demand the production of documents, after an initial attempt to do so proved ineffective.

Here are some examples illustrating the use of an alias subpoena:

• Example 1: Witness Fails to Appear
  A prosecutor issues a subpoena for a key witness to testify in a criminal trial. The witness is properly served with the subpoena but fails to appear in court on the scheduled date without a valid excuse. To ensure the witness's attendance and prevent further delays, the court may then issue an alias subpoena. This new subpoena is directed at the same witness, often includes a new court date, and may carry a stronger warning about potential penalties for non-compliance, such as contempt of court.

  How it illustrates the term: This scenario demonstrates an alias subpoena being issued because the initial subpoena was disregarded, necessitating a subsequent order to achieve the original goal of compelling the witness's testimony.

• Example 2: Defective Service for Document Production
  In a civil lawsuit, a plaintiff's attorney sends a subpoena duces tecum (a subpoena for documents) to a large corporation, requesting specific internal communications. However, the process server mistakenly delivers the subpoena to the company's general reception desk, and it never reaches the designated legal department or records custodian. The corporation later claims it was never properly served. To correct this procedural defect and legally compel the production of the documents, the attorney requests an alias subpoena, which is then correctly served to the corporation's registered agent or legal counsel.

  How it illustrates the term: This example shows an alias subpoena being used to rectify a flaw in the initial service, ensuring that the legal demand for documents is properly communicated and enforceable.

• Example 3: Witness Location Unknown
  During the discovery phase of a personal injury case, one party attempts to depose a former employee of the defendant who is believed to have crucial information. A subpoena is issued and sent to the employee's last known residential address. However, the subpoena is returned by the postal service as "undeliverable" because the employee has moved and left no forwarding address. After conducting further investigation to locate the witness, the party obtains an alias subpoena, which is then successfully served at the witness's newly discovered address.

  How it illustrates the term: Here, the alias subpoena is necessary because the original attempt to serve the witness failed due to outdated information, requiring a new subpoena to be issued with corrected details to achieve proper service and compel the witness's appearance.