A Subpoena Ad Testificandum is a judicial order compelling a named individual to appear before a specific court or legal tribunal to provide oral testimony concerning a particular matter under investigation or litigation under the threat of penalties for non-compliance.
While there are other types of subpoenas, the “subpoena ad testificandum” stands out as one of the most fundamental. This is a court order requiring a person to:
To gain a clearer understanding, it’s helpful to differentiate the “subpoena ad testificandum” from another commonly used subpoena – the “subpoena duces tecum.”
While the “subpoena ad testificandum” requires oral testimony, the “subpoena duces tecum” necessitates producing physical evidence.
| Aspect | Subpoena Duces Tecum | Subpoena Ad Testificandum |
|---|---|---|
| Purpose | To request documents or records | To request personal testimony |
| Latin Meaning | “bring with you under penalty” | “bring with you to testify under penalty” |
| Type of Requested Items | Documents, records, tangible items | Testimony, oral statements |
| Focus | Material evidence | Witness’s personal knowledge, observations, and statements |
| Compliance Requirement | Produce and bring specified items | Attend the hearing and provide testimony |
| Involvement of Parties | Often targets third parties | Usually involves witnesses |
| Format of Appearance | Generally, no need to appear in person | The witness is required to appear in person |
| Penalty for Non-compliance | Legal consequences for failing to produce requested items | Legal consequences for failing to testify |
| Common Legal Proceedings | Civil litigation, administrative hearings | Court trials, depositions, hearings |
Typically, subpoenas, including the “subpoena ad testificandum,” are issued by the court clerk at the request of a party involved in a lawsuit (either the plaintiff or the defendant). In certain jurisdictions, attorneys might also have the authority to issue them under the court’s purview.
The scope of this subpoena is limited to compelling testimony. The person receiving it isn’t usually required to bring any documents or evidence unless also served with a “subpoena duces tecum.”
Ignoring or refusing to comply with a subpoena can have grave consequences. The court can hold an individual in contempt for not adhering to the subpoena’s requirements. Potential penalties include:
A subpoena can be challenged. Individuals who believe the subpoena is unreasonable, overly burdensome, or irrelevant to the case can file a motion to quash (nullify) or modify it. Courts review such motions and decide based on the facts and the law’s specifics.
Generally, a Subpoena Ad Testificandum must be personally delivered to the individual named in the document, ensuring that the recipient is adequately informed of the legal obligation. In many jurisdictions, the service must be done by someone 18 or older, not a party to the case.
Some areas also allow service by certified mail, return receipt requested. In addition to the subpoena itself, many jurisdictions require a witness fee or mileage reimbursement to be offered during service.
This ensures the witness’s rights are respected. Improper service may render the subpoena unenforceable.
Yes, subpoenaed individuals, particularly in the context of a “subpoena ad testificandum”, which requires their appearance to testify, are often entitled to compensation for their time and certain expenses.
The rationale is to mitigate the inconvenience of being compelled to participate in a legal proceeding.
Typically, this compensation comes as a witness fee and mileage reimbursement for travel to and from the court or tribunal.
The exact amounts and the conditions under which they are offered can vary depending on jurisdictional rules and the nature of the proceeding.
However, it’s worth noting that these compensations are usually nominal and may not truly reflect the actual costs or lost earnings an individual might incur. If a subpoenaed individual believes the compensation is insufficient, they might discuss the matter with the issuing party or seek legal advice.