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There are two types of subpoenas, the general subpoena (ad testificandum) and the subpoena duces tecum. The general subpoena (ad testificandum) is a command to appear in court at a certain time and place to give testimony regarding a certain matter. The subpoena duces tecum is a process by which the court, at the instances of a party, commands a witness, who has in his possession or control of some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial. The subpoena duces tecum requires the individual to appear in court with the requested documents, or simply turn over those documents to the court or to counsel requesting the documents.
The type that instills the most fear and panic in an individual is the subpoena to appear in court at a particular court on a specified date and time. You may receive your subpoena in person or by mail. The manner in which you received your subpoena will further indicate whether you are considered as a friendly witness by the issuing party or a hostile one. If you were subpoenaed in person, chances are, the issuing party considers you to be a reluctant witness and wants to ensure your appearance by having you personally served because personal service is the more reliable form of service.
If you have been subpoenaed, chances are, you were a witness to some aspect of a particular incident in litigation, or knew the individuals involved, and your personal knowledge is valuable to the case. Courts realize that some witnesses are reluctant to appear because of possible preexisting alliances they may have with a particualr side, and they do not want to testify against friends or loved ones. Most witnesses simply do not want to put their life on hold by participating in a potentially long trial. For this reason, the subpoena is accompanied by the power to punish the individual for failure to appear, by imprisonment and/or fines. Therefore, do not disregard it.
What You Should Do Once You've Received the Subpoena:
1. READ IT CAREFULLY. So many simply skim the subpoena and only focus on the words, "you are ordered to appear as a witness", "disobedience of this subpoena may be punished by a fine, imprisonment, or both", and "A warrant may issue for your arrest if you fail to appear." It is this selective skimming that triggers fear and panic. Do not pass up the more important information. All subpoenas have in its caption, the name of the issuing party, the name of the court you are to appear in, the title of the case, and the type of the subpoena it is. Take the time to read towards the bottom of the subpoena in which it will tell you, usually in boldfaced lettering: IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR. This sentence is then followed by the name and phone number of the person you should contact.
2.CALL THE CONTACT PERSON BEFORE THE DATE YOU ARE REQUIRED TO APPEAR.
This person will have the most information about the status of the case and why you are needed to appear. Most subpoenas are accompanied by "on-call agreements." These on-call agreements request that you provide information regarding your availability and the best way to contact you. A self-addressed stamped envelop usually accompanies the on-call agreement in which you are to sign and return the requested information to the issuing party. This on-call arrangement allows you to conduct your daily life and obligations with as minimal interruption as possible. If you know of dates where you are certain to be unavailable, let the issuing party know, for they may be able to work around your schedule. For example, you may have already purchased a plane ticket to leave the state or country on the date in which you are to appear. If you inform the issuing party, they may excuse you altogether, or they may postpone the trial until you come back. You must inform them of your unavailability beforehand. When your appearance is needed, the issuing party will call you and you must come to court immediately. Most court hearings do not take place at the time scheduled due to calendar conflicts, legal motions, or other reasons. By calling each time before you appear, you save yourself from making wasted trips in the event the case has been continued. If you are called to appear, bring the subpoena with you. Most court personnel are very helpful and know exactly where to look on the subpoena to find out which courtroom you should be in if you are lost. When you enter the courtroom, bring the subpoena to the bailiff or clerk, let them know you are present, and have them tell you who you need to report to.
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