Legal Definitions - Subpena (subpoena)

A subpoena is a formal legal order issued by a court or administrative agency that compels an individual to perform a specific action related to a legal proceeding. This action typically involves one of two main requirements:

• Appearing in court, at a deposition, or before another legal body to provide testimony under oath.
• Producing specific documents, records, electronic data, or other physical evidence relevant to a case.

It is a mandatory command, and anyone who receives a subpoena is legally obligated to comply with its terms unless they have a valid legal reason not to. Failure to obey a subpoena without proper justification can lead to serious consequences, including being held in contempt of court, which may result in fines or even imprisonment.

Here are some examples of how a subpoena might be used:

• Witness Testimony in a Criminal Trial: Imagine a prosecutor believes a particular individual has crucial information about a crime. The prosecutor can obtain a subpoena compelling that person to appear in court on a specific date and time to testify about what they know. Even if the person is reluctant to get involved, the subpoena legally obligates them to attend and answer questions under oath.

  This illustrates a subpoena being used to compel an individual to appear and provide verbal testimony in a legal proceeding.

• Production of Business Records in a Civil Lawsuit: Consider a dispute between two companies over a breach of contract. One company might suspect the other is withholding important financial documents. Their legal team could issue a subpoena to the opposing company's accounting department, demanding the production of specific invoices, bank statements, and email correspondence related to the contract within a set timeframe. The subpoena would specify exactly which documents are required.

  This demonstrates a subpoena's power to compel an entity to produce specific documents and records relevant to a case, rather than requiring personal testimony.

• Accessing Medical Information for a Personal Injury Claim: In a personal injury case, a plaintiff's attorney might need access to their client's medical history from a hospital or doctor's office to prove the extent of their injuries. If the client has not already authorized the release, the attorney can issue a subpoena to the healthcare provider, legally requiring them to provide copies of the patient's medical charts, diagnostic test results, and treatment plans. This ensures all relevant health information is available for the court.

  This example shows a subpoena being used to obtain sensitive and private records from a third party, highlighting its role in gathering essential evidence for a legal claim.