subpoena

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subpoena

(səpē`nə) [Lat.,=under penalty], in law, an order to a witness to appear before a court. A subpoena ad testificandum [Lat.,= to testify under penalty], the technical term denoting an ordinary subpoena, is a command for an individual to appear at a particular time and place to testify on a specific matter. A subpoena duces tecum [Lat.,=bring with you under penalty] requires a witness to produce at trial books, personal papers, or other material relevant to a judicial proceeding. Failure to obey a subpoena constitutes contemptcontempt,
in law, interference with the functioning of a legislature or court. In its narrow and more usual sense, contempt refers to the despising of the authority, justice, or dignity of a court.
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 of court, though subpoenas can be challenged.

subpoena

a writ issued by a court of justice requiring a person to appear before the court at a specified time
References in periodicals archive ?
28) Specifically, Congress struck the word "board" in Article 47(a)(1) and replaced it with the words "board, or has been duly issued a subpoena duces tecum for an investigation pursuant to section 832(b) of this title (article 32(b)).
As a tool for pretrial discovery in the United States, the subpoena duces tecum is a product of the Federal Rules of Civil Procedure ("FRCP").
2008) (holding that the SCA prevents provider disclosure pursuant to civil discovery requests); In re Subpoena Duces Tecum to AOL, 550 F.
papers,' a person served with a subpoena duces tecum is entitled to
tapes were also specifically identified in the subpoena duces tecum, as
The Circuit Court of Virginia, in In re Subpoena Duces Tecum to America Online, Inc.
On its face, the law governing MDLs appears to convey to judges only the power to conduct pretrial depositions in any other jurisdiction, but many courts have concluded that this includes the power to enforce a subpoena duces tecum.
If a witness has a legal objection to a subpoena duces tecum or is for some reason unable to comply with a demand for documents, he must give the grounds for his noncompliance upon the return of the subpoena.
Differences Between a Subpoena Duces Tecum and a Search Warrant
Nurse Chapman filed a court petition seeking to compel the hospital to produce the medical records in question described in a Subpoena Duces Tecum (SDT) served on the hospital commanding that the hospital produce the records for the administrative hearing.