Subpoena facts for kids

A subpoena is a special written order from a court or a legal official. It tells a person they must do something important for a legal case. This could be to share what they know (give testimony) or to bring important items, like documents, to the court. If someone gets a subpoena, they usually have to follow it, or they might face legal consequences.

Why Do Courts Use Subpoenas?

Courts use subpoenas to make sure they have all the facts and information needed to solve a legal problem fairly. Imagine a puzzle; a subpoena helps gather all the missing pieces so the judge can see the full picture. It helps make sure everyone involved in a case has a chance to present their side with all the necessary information.

Two Main Kinds of Subpoenas

There are two main types of subpoenas, each asking for something different.

Subpoena to Speak (Ad Testificandum)

This type of subpoena asks a person to come and tell what they know about a case. This is called giving testimony. It means they will answer questions, usually under oath, about facts they have seen or heard. This can happen in person at the court or sometimes over the phone. It's like being called to tell your story or share what you witnessed.

Subpoena to Bring Things (Duces Tecum)

This subpoena asks a person or an organization to bring specific items to court. These items are usually evidence that can help with the case. Most often, these are documents like emails, contracts, or records. Sometimes, the documents can even be mailed to the court instead of being brought in person. It's like being asked to bring important papers that prove something.

What Happens If You Don't Respond?

If someone receives a subpoena and does not follow its instructions, there can be serious results. A court can order them to explain why they didn't respond. They might even have to pay a fine or face other legal actions. This is because subpoenas are official court orders, and ignoring them can make it harder for the court to do its job.

Images for kids

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  An example of a subpoena document.