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.
The rules controlling subpoenas in Federal matters are found in Rule 17 of the Federal Rules of Criminal Procedure and Rule 45 of the Federal Rules of Civil Procedure.
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]