Define: Subpena

Subpena
Subpena
Quick Summary of Subpena

A subpena is a legal order requiring someone to appear in court and provide information or present documents. It can be issued before or during a trial to obtain information. Failure to comply with a subpena can result in consequences for the individual.

Full Definition Of Subpena

A subpena is a legal order from a court that compels a witness to attend a specific time and location to provide testimony or present documents. If the witness possesses relevant documents, the subpena may also mandate their presence. In a trial, the defence attorney can issue a subpena to a witness who possesses information that could benefit their case. The subpena would oblige the witness to appear in court and give sworn testimony regarding their knowledge. Failure to comply with the subpena could result in the witness being held in contempt of court, leading to potential penalties such as fines or imprisonment.

Subpena FAQ'S

A subpoena is a legal document issued by a court that requires a person to appear in court or provide specific documents or evidence.

Subpoenas are typically issued by courts, but they can also be issued by attorneys or administrative agencies in certain circumstances.

The purpose of a subpoena is to compel a person to testify as a witness or produce documents or other evidence that may be relevant to a legal proceeding.

No, ignoring a subpoena can result in serious consequences, including being held in contempt of court. It is important to comply with a subpoena unless you have a valid legal reason not to do so.

Yes, you can object to a subpoena if you believe it is overly broad, unduly burdensome, or if you have a valid legal privilege that protects the information being sought.

No, the Fifth Amendment of the United States Constitution protects individuals from being compelled to incriminate themselves. However, this privilege may not apply in certain circumstances, such as when testifying before a grand jury.

In most cases, there is no legal requirement for compensation when complying with a subpoena. However, you may be entitled to reimbursement for reasonable expenses incurred in producing the requested documents or evidence.

Yes, if you believe a subpoena is improper or violates your rights, you can file a motion to quash or modify the subpoena in court. A judge will then determine whether the subpoena should be enforced or modified.

The time frame for compliance with a subpoena is typically specified in the subpoena itself. If you need more time or have valid reasons for not being able to comply, you should contact the issuing party or seek legal advice.

Yes, if you fail to comply with a subpoena without a valid legal reason, you can be held in contempt of court. This can result in fines, imprisonment, or other penalties imposed by the court.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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