Legal Definitions - deposition subpoena

A deposition subpoena is a formal legal order requiring an individual to appear at a deposition to give sworn testimony, and/or to produce specific documents or other evidence, before a trial or hearing. It is a critical tool in the "discovery" phase of litigation, allowing parties to gather information and evidence from witnesses outside of a courtroom setting.

Here are some examples illustrating how a deposition subpoena is used:

• Example 1: Personal Injury Lawsuit

  Imagine a pedestrian, Sarah, was injured in a car accident. Her attorney believes a bystander, Mr. Chen, witnessed the entire event. To understand Mr. Chen's account under oath, Sarah's attorney issues a deposition subpoena to Mr. Chen. This legal order compels Mr. Chen to appear at a specific date and time at a lawyer's office, not a courtroom, to answer questions about what he saw. He will be sworn in, and his testimony will be recorded by a court reporter. This helps both sides understand the facts before potentially going to trial.

• Example 2: Business Contract Dispute

  Two companies, Alpha Corp and Beta Inc., are in a legal dispute over a breached supply contract. Alpha Corp's legal team believes that a former project manager for Beta Inc., Ms. Davis, has crucial emails and internal memos related to the contract negotiations that could prove Beta Inc.'s fault. Alpha Corp's attorney would issue a deposition subpoena to Ms. Davis. This subpoena would not only require her to appear for sworn testimony about the contract but also specifically demand that she bring copies of all relevant emails and documents in her possession or control. This allows Alpha Corp to obtain both her testimony and the physical evidence needed for their case.

• Example 3: Employment Discrimination Case

  An employee, David, is suing his former employer for alleged workplace discrimination. David's attorney wants to question the company's Human Resources Director, Ms. Rodriguez, about the company's policies, David's performance reviews, and any complaints filed against the department. The attorney would issue a deposition subpoena to Ms. Rodriguez. This subpoena would compel her to appear for a deposition where she would answer questions under oath about the company's practices and David's employment history. Her testimony, recorded by a court reporter, could be used as evidence later in the case.