Subpoena
A court order that requires a person to testify in court or produce specific documents or records.
A subpoena (pronounced “suh-PEE-nuh”) is a legal document that compels a person to do something – usually to appear and testify or to provide documents. Ignoring a subpoena can result in being held in contempt of court, which may lead to fines or jail time.
There are two main types of subpoenas:
- Subpoena ad testificandum: Requires a person to appear and give testimony at a trial, hearing, or deposition.
- Subpoena duces tecum: Requires a person or organization to produce specific documents, records, or other tangible evidence.
Key things to know:
- Who can issue one: In Minnesota, subpoenas are typically issued by an attorney, the court clerk, or the court itself.
- Must be properly served: A subpoena must be personally delivered to the person being subpoenaed, along with any required witness fees.
- You can object: If complying with a subpoena would be unreasonably burdensome, or if the information requested is privileged or confidential, you can file a motion to quash (cancel) the subpoena.
- Reasonable scope: A subpoena must be reasonable in what it demands. Courts will not enforce overly broad or oppressive subpoenas.
Example: In a personal injury case, the plaintiff’s attorney issues a subpoena duces tecum to a hospital, requiring it to produce the plaintiff’s medical records. The attorney also issues a subpoena to an eyewitness, requiring them to appear and testify at trial.
When a witness is required to appear at a trial or hearing, or when a party needs documents from someone who is not part of the lawsuit.