THE LEGAL PROCESS

subpena (subpoena)

Definition from Nolo’s Plain-English Law DictionaryA court order issued at the request of a party requiring a witness to testify, produce specified evidence, or both. A subpena can be used to obtain testimony from a witness at both depositions (testimony...

subpena duces tecum

Definition from Nolo’s Plain-English Law DictionaryA type of subpena, usually issued at the request of a party, by which a court orders a witness to produce certain documents at a deposition or trial.

Definition provided by Nolo’s Plain-English Law...

Subpoena

A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be...

Subpoena duces tecum

A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you".

See, e.g., United States v. Nixon, 418 U.S. 683 (...

Subsequent Remedial Measures

A repair or a change made after an accident has occurred which could have prevented the accident. Under the Federal Rules of Evidence, although subsequent remedial measures cannot be used to prove a party's wrongdoing or culpable conduct, evidence of a...

Substantial evidence

Standard of review used at the appellate level to review a trial court's decision, where the court asks whether there exists substantial evidence to support the findings of the court below.

Substantive law

Law which governs the original rights and obligations of individuals. Substantive law may derive from the common law, statutes, or a constitution. For example, a claim to recover for breach of contract or negligence or fraud would be a common...

substituted service

Definition from Nolo’s Plain-English Law DictionaryA method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted...

substitution

Definition from Nolo’s Plain-English Law DictionaryPutting one person or thing in the place of another. For example, a substitution of parties takes place when a new party is named to take the place of a party who has died or is otherwise unable to...

substitution of attorney

Definition from Nolo’s Plain-English Law DictionaryA document in which a party to a lawsuit states that his or her attorney is being replaced by another attorney or by the party acting in propria persona. (See also: substitution)

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