- Subpoena
Globalize article USA 2name United States date December 2010 Wiktionary subpoena A subpoena IPAc en icon s p i n is a writ by a government agency, most often a court , that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term is from the Middle English suppena and the Latin phrase sub poena meaning under penalty . ref Webster s New Collegiate Dictionary, p. 1160 8th ed. 1976 . ref The term may also be spelled subpena . ref See, e.g., usc 18 1429 uscsub 18 3333 c 1 uscsub 18 1968 c and usc 28 1365 . ref The subpoena has its source in English law English common law and it is now used almost with universal application throughout the English common law world. However, for civil proceedings in England and Wales , it is now described as a witness summons , as part of reforms to replace Latin terms with English language English terms which are easier to understand. John Waltham , Bishop of Salisbury, is said to have created the writ of subpoena in the reign of Richard II of England Richard II . ref http www.lectlaw.com def2 s083.htm LectLaw.com , url retrieved 2008 06 26. ref Subpoena process Subpoenas are usually issued by the clerk of the court see below in the name of the judge presiding over the case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as Officer of the court officers of the court . cite Typically subpoenas are issued in blank and it is the responsibility of the lawyer representing the plaintif ... more details
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