Subpoena power
Subpoena power refers to the legal authority to compel individuals to appear and provide testimony or produce evidence in legal proceedings. Originating from the Latin term meaning "under penalty," a subpoena enforces compliance, with penalties for noncompliance. This differs from a summons, which does not carry the same obligation to appear. Subpoenas are commonly issued by various legal authorities, including attorneys, grand juries, and administrative agencies, and come in two main forms: those requiring testimony and those that demand the production of documents, known as subpoenas duces tecum.
The U.S. Constitution's Sixth Amendment underscores the importance of subpoenas in criminal cases, ensuring defendants can summon witnesses in their favor. It is crucial for individuals who receive a subpoena to attend at the specified time and location, as failure to do so may lead to contempt of court charges, fines, or imprisonment. Valid objections to a subpoena can be raised through legal counsel, who may file motions to quash the subpoena prior to the required appearance. Overall, subpoena power plays a significant role in the legal process, facilitating the gathering of testimony and evidence necessary for justice.
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Subpoena power
Definition: Power of courts to require persons to appear in court to testify or to produce documents that are relevant to cases
Significance: The word “subpoena” comes from a Latin word that literally means “under penalty”—which is the essence of the legal authority behinds a subpoena.
Whereas a summons merely indicates that legal action is being taken against the person receiving it, that person would not be breaking the law by not appearing in court. However, a subpoenaed witness is ordered to appear to give testimony at a specified time and place and is subject to penalty if the order is disobeyed. An individual receiving a subpoena to appear as a witness may be ordered to testify in court, before an administrative or other body, or to a court reporter. The Sixth Amendment to the U.S. Constitution guarantees that criminal defendants have the right to have witnesses subpoenaed in their favor, and it is typically wise to do so in order to guarantee that the witnesses will appear at the legal proceedings.
Subpoenas are issued for a variety of reasons by a variety of legal authorities, including a lawyer for the parties involved in a suit, a grand jury for witnesses to a crime, a prosecutor, a court clerk, a coroner, legislative committees, and administrative agencies. There are two basic types of subpoenas. The type referred to simply as a subpoena requires that an individual testify as a witness. The other type, a subpoena duces tecum, requires that witnesses must bring with them any documents or papers in their possession that may be relevant to the case under investigation. Before formal charges have been filed in a case, investigatory subpoenas may be issued requiring witnesses to appear at a hearing and to bring with them any pertinent documents or papers. Likewise, after formal charges are filed in a case, subpoenas can again be issued requiring witnesses to appear at a hearing or in court to give depositions or produce relevant documents or papers.
A valid subpoena must be issued by an officer authorized by the court, and it must typically be delivered personally within the proper time and to the proper place. It is very important that a person who has been subpoenaed appear at the specified time and place stated in the subpoena. An individual failing to do so can be held in contempt of court, fined, or imprisoned and may also be liable for damages sustained by the aggrieved party. For legitimate reasons, such as illness or a family death, a subpoenaed individual may postpone the appearance date.
It is wise for individuals to consult a lawyer if they object to a subpoena. A lawyer may raise objections to a subpoena prior to the appearance date by making a motion to quash the subpoena or by filing a formal objection in writing. In either case, a hearing will be held to consider the lawyer’s request, and a decision will be rendered as to whether or not the subpoena will be enforced.
Bibliography
Meyer, J. F., and D. R. Grant. The Courts in Our Criminal Justice System. Upper Saddle River, N.J.: Prentice-Hall, 2003.
Neubauer, D. W. America’s Courts and the Criminal Justice System. 7th ed. Belmont, Calif.: Wadsworth, 2002.
Rabe, Gary A., and Dean John Champion. Criminal Courts: Structure, Process and Issues. Upper Saddle River, N.J.: Prentice-Hall, 2002.