75. subpoena

What is a Subpoena?

A subpoena is a legal document that orders an individual or organization to provide testimony, documents, or evidence in a legal proceeding. It is issued by a court, government agency, or attorney to ensure that essential information is available for a trial, hearing, or investigation.

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Types of Subpoenas

1. Subpoena Ad Testificandum

   • Requires a person to appear in court and give oral testimony under oath.

2. Subpoena Duces Tecum

   • Requires a person or organization to produce documents, records, or evidence for a case.

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Why Are Subpoenas Issued?

✔ To gather evidence for a case. ✔ To compel witnesses to testify. ✔ To obtain crucial documents like contracts, medical records, or financial statements.

Failure to comply with a subpoena may result in penalties, including fines or contempt of court charges.

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Examples of a Subpoena in Action

• A court issues a subpoena to a company, requiring it to hand over emails related to a fraud investigation.

• A witness is subpoenaed to testify in a criminal trial.

• A hospital receives a subpoena for patient records in a medical malpractice lawsuit.

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Reference Pages for Subpoena with URLs

1. Legal Information Institute – Subpoena

   • URL: https://www.law.cornell.edu/wex/subpoena

   • Explanation: Provides a legal definition of a subpoena, its types, and how it is enforced in the U.S. legal system.

2. FindLaw – What is a Subpoena?

   • URL: https://www.findlaw.com/litigation/going-to-court/what-is-a-subpoena.html

   • Explanation: Offers an in-depth look at how subpoenas work, who can issue them, and what happens if you ignore one.

3. Justia – Subpoena Overview

   • URL: https://www.justia.com/lawsuits-litigation/subpoenas/

   • Explanation: Explains the legal process of subpoenas, including enforcement and penalties for non-compliance.

4. Federal Rules of Civil Procedure – Rule 45 (Subpoena)

   • URL: https://www.law.cornell.edu/rules/frcp/rule_45

   • Explanation: Details the U.S. federal rules governing subpoenas, including protections for individuals and penalties for violations.

5. Wikipedia – Subpoena

   • URL: https://en.wikipedia.org/wiki/Subpoena

   • Explanation: Provides an overview of subpoenas, their history, usage in different legal systems, and related legal principles.