subpoena
noun
- writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure
verb
- to serve or summon with a writ of subpoena
Wiktionary
Pronunciation: /sə(b)ˈpiː.nə/ / /səˈpi.nə/
noun
Etymology: Etymology tree Proto-Indo-European *upó Proto-Italic *supo Medieval Latin subbor. Proto-Indo-European *kʷey- Proto-Indo-European *-nós Proto-Indo-European *kʷoynéh₂ Ancient Greek ποινή (poinḗ)bor. Medieval Latin poenabor. Middle English sub pena English subpoena The noun sense is derived from Late Middle English sub pena (“writ requiring defendant to appear in the Court of Chancery to answer a plaintiff’s claim or to be punished; writ requiring witness to appear in court”), from Latin sub (“under”) + poena (“penalty, punishment”), from the opening words of the writ. The verb sense is derived from the noun one.
- A writ (“written order”) requiring someone to appear in court, or at a deposition or some other legal proceeding, as a witness to give testimony (a subpoena ad testificandum) or to produce evidence (subpoena duces tecum), in default of which the person may be punished.
“Nothing vnder a Sub-pœna can dravv him to London, and vvhen hee is there, hee ſtickes faſt vppon euery obiect, caſts his eyes avvay vpon gazing, and becomes the prey of euery cut-purſe.”
“For the worthy magistrate, determined to omit no chance of doing Effie justice, and to leave her sister no apology for not giving the evidence which she was supposed to possess, had caused the ordinary citation, or sub-pœna, of the Scottish criminal court, to be served upon her by an officer during his conference with David.”
- A writ requiring a defendant to appear in court to answer a plaintiff's claim (a subpoena ad respondendum); in England and Wales, and Ireland, this writ was formerly issued by the Court of Chancery at the plaintiff's request to commence a suit, but the procedure was abolished in 1852.
“No man to be called by Privy Seal or Subpœna to anſwer any matters but ſuch as have no remedy by the Common law, and that to appear ſo by the teſtimony of two Juſtices of either Bench, and by Indenture between them and the Plaintiff, which Plaintiff ſhall always appear in proper perſon, and find ſurety by recognizance to proſecute with effect the matters of the Bill only, and to anſwer dammages if the ſame fall out againſt the Plaintiff.”
“[I]f the defendant, on ſervice of the ſubpoena, does not appear vvithin the time limited by the rules of the court, and plead, demur, or anſvver to the bill, he is then ſaid to be in contempt; and the reſpective proceſſes of contempt are in ſucceſſive order avvarded againſt him.”
- A motive or thing which can compel or demand something, or summon someone.
“Your meetings cal'd the Ball, to vvhich appeare, / As to the Court of Pleaſure, all your gallants, / And Ladies thither bound by a Subpena / Of Venus, […]”
verb
Etymology: Etymology tree Proto-Indo-European *upó Proto-Italic *supo Medieval Latin subbor. Proto-Indo-European *kʷey- Proto-Indo-European *-nós Proto-Indo-European *kʷoynéh₂ Ancient Greek ποινή (poinḗ)bor. Medieval Latin poenabor. Middle English sub pena English subpoena The noun sense is derived from Late Middle English sub pena (“writ requiring defendant to appear in the Court of Chancery to answer a plaintiff’s claim or to be punished; writ requiring witness to appear in court”), from Latin sub (“under”) + poena (“penalty, punishment”), from the opening words of the writ. The verb sense is derived from the noun one.
- To summon (someone) with a subpoena (noun sense 1) to appear in court, or at a deposition or some other legal proceeding, as a witness to give testimony or to produce evidence; to serve a subpoena on (someone).
“Poor Willy! he would not even subpœna any of his old friends as to his general character. But even if he had, what could the Court do since he pleaded guilty?”
“I am just reminded that the president, who is also transfer-agent, of the Black Rapids Coal Company, happens to be on board here, and, having been subpœnaed as witness in a stock case on the docket in Kentucky, has his transfer-book with him.”
- To require (a document or other evidence) to be produced before a court, or at a deposition or some other legal proceeding.
“I have just recollected that you ought to have sub-pœnaᵈ in Goodwins & Thomass cases Goodwins comes on the second monday in October. You must send up for them.”
“In a letter to the House Judiciary Committee, the department accused Democrats of being unreasonable in subpoenaing that material.”
- To compel or summon (someone or something); to demand.
“We wish to subpœna the public to our characters.”