Also known as: subpoenas · subpoenal · subpoenaed · subpoenaing · subpoena duces tecum · subpoena ad testificandum
Written by attorneys · grounded in primary & secondary sources — see below
A writ commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply. The writ may require testimony at a deposition or trial or the production of designated documents, electronically stored information, or tangible things.
Stonehaven Properties sues a contractor for defective work. Counsel for Stonehaven needs testimony from a former project manager who no longer works for either party. Counsel serves a subpoena under Rule 45 to compel the manager's attendance at an oral deposition. The manager must appear and answer questions or face contempt sanctions.
In a federal criminal investigation, the government issues a subpoena to Summit Bank ordering production of account records before trial. The bank must deliver the designated documents to the court for inspection by the parties. Failure to comply may result in contempt sanctions.
Select any source to read its text and confirm it supports the definition.
A confidential source sues a newspaper after the paper reveals his identity despite a promise of confidentiality. The source claims detrimental reliance on the promise. The court holds that promissory estoppel may be applied without violating the First Amendment.
A congressional committee issues a subpoena for a former president's personal financial records. The former president challenges the subpoena on separation-of-powers grounds. The court upholds enforcement after confirming the subpoena serves a legitimate legislative purpose and is not unduly burdensome.
A plaintiff seeks to subpoena a former president in a civil damages action arising from official acts. The former president asserts absolute immunity. The court grants the motion to quash because civil immunity protects the former president from compelled testimony in such suits.
A state investigating committee subpoenas a witness to answer questions about gambling activities. The witness refuses, invoking the Fifth Amendment. The court holds that the state must afford protection coextensive with the federal privilege before compelling answers.
The subpoena must state the method for recording the testimony. It must also identify the court from which it issued and the title of the action.
Supporting sources
No. Production of corporate records is deemed an act of the corporation, which has no Fifth Amendment privilege. The custodian cannot resist on personal self-incrimination grounds.
The court may quash or modify the subpoena on motion if compliance would be unreasonable or oppressive. The moving party must show the request is overly broad or unduly burdensome.
Generally no. The act of producing preexisting documents is not itself testimonial, so the Fifth Amendment does not bar enforcement.
The producing party must notify the receiving party of the claim. The receiving party must promptly return, sequester, or destroy the information and may not use it until the claim is resolved.
…of the President of the United States in United States v. Mitchell et al. (D.C. Crim. No. 74-110), to quash a third-party subpoena duces tecum issued pursuant to Fed. R. Crim. P. 17(c). The subpoena directed the President to produce certain tape recordings and documents relating to his conversations with aides and advisers. The…