Subpoena

The subpoena (Latin, German punishable ) is a form of punitive legal arrangement in the evidentiary hearing under U.S. law. It comes in both criminal and civil law to apply.

Effect and shape

With a subpoena, a person is asked under threat of a Erzwingungsstrafe to teach certain information or evidence on an issue in a certain way. The Subpoena thus serves as a means of coercion, with the parties and third parties to provide information may occasionally be required before a process or.

The subpoena may be either against a party to a judicial or similar proceedings (eg in front of a committee of inquiry ) set as well as against a person who is neither a party nor designated witness in that proceeding. In civil proceedings the other party is entitled to participate in the questioning of the person addressed in the rule. The issue raised with the Subpoena person himself has the right to be represented by counsel.

The subpoena itself is a formal written order of a public institution with administrative or judicial jurisdiction, in current practice usually a dish. It is usually written as a brief with a detailed introduction, contains the detailed definitions of the related terms and details of any materials used and subjects studied.

Origin and terms

The legal instrument of the subpoena has its origins in English common law, and to have been created by John Waltham, Bishop of Salisbury under Richard II. Today it is used in almost all countries whose legal system is based on the Common Law. The historic Latin term Subpoena was, however, in some places replaced by a more comprehensible English expression, such as witness summons (invitation to testify ) in the civil law of England and Wales.

Reports of German- speaking media in the event of a subpoena occasionally by a subpoena. This is inaccurate, as only a certain form of legal instrument of the subpoena actually has the effect of a personal summons from the addressee. A contextually correct reproduction of the term Subpoena exhausted in about a term like information arrangement or " court order to testify ."

Basically, a proof information is requested in writing or verbally with the Subpoena. The subpoena is directed to an oral statement ( subpoena ad testificandum - lat: to bear witness ), it then acts as a summons for questioning when the personal appearance of the person addressed is placed on the statement. If written information provided, the subpoena is usually connected with an extensive questionnaire, the Interrogatories. Under the Subpoena Furthermore, a written and oral evidence to be connected. There then is a Subpoena Duces Tecum (Latin: bring with you ) with which the addressee is asked to appear at a hearing appointment and bring the documents specified in the invitation to submit the surveyed instance.

• Law ( United States)