subpoena

A subpoena is a legal, written order to compel an individual to give testimony on a particular subject at a specific time and place, or to provide documents or other tangible objects. Subpoenas can compel an individual to testify for a deposition, trial, Congressional inquiry, or other hearings. Failure to comply with such a subpoena to appear may be punishable as contempt. However, if the testimony or documents are privileged, then the individual is not required to comply.

A subpoena to appear in court as a witness can be more formally referred to as a subpoena ad testificandum. A subpoena to provide witness testimony during a deposition is referred to as a deposition subpoena and takes place outside of court, during the discovery process, and is not used during the actual hearing process.

A subpoena to produce documents or other tangible objects can be formally referred to as a subpoena duces tecum.

[Last updated in June of 2024 by the Wex Definitions Team]