A subpoena is a written legal order requiring a person to appear and testify or to produce documents or other tangible items. Courts and lawyers use subpoenas to require evidence or witness participation at a deposition, hearing, trial, or other formal proceeding.

Some subpoenas require testimony, while others require the production of records. A subpoena that specifically requires documents is often called a Subpoena Duces Tecum.

Subpoena Explained

Cornell Wex explains that a subpoena compels testimony or the production of documents and notes that failure to comply may be punished as contempt if no valid privilege applies. The Department of Justice glossary similarly defines a subpoena as a command to a witness to appear and give testimony, and separately defines a subpoena duces tecum as a command to produce documents.

The Term Subpoena in Different Legal Contexts

Subpoenas are used in both civil and criminal matters. They can be issued to require witnesses to attend trial, to require testimony during discovery, or to obtain business records, medical records, and other materials relevant to a dispute or prosecution.

The rules for issuing, serving, and objecting to a subpoena depend on the court system and the type of proceeding. Privilege, burden, timing, and scope often determine whether a subpoena will be enforced as written.

Common Misconceptions About the Meaning of Subpoena

A common misconception is that every subpoena only requires someone to come to court and speak. Some subpoenas are aimed primarily at obtaining records or physical evidence.

Another misconception is that a subpoena always overrides confidentiality or privilege. Valid privilege and procedural objections can limit or defeat a subpoena in some circumstances.