Subpoena As Generally Defined in The United States
In order for the power of the court to compel the appearance and testimony of a witness in United States Federal Courts, or in various state courts, the person who is sought must be served with a subpoena.
The obligation of the individual to attend the court as a witness is enforced by a process of the court, particular process being the subpoena ad testificandum, commonly called the subpoena in the United States. This writ, or form, commands the witness, under penalty, to appear at a trial to give testimony. Thus, the subpoena is the mechanism for compelling the attendance of a witness.
The court did not err in refusing to order production of a defense alibi witness, where the defense contended that the witness was under subpoena but no evidence was introduced to show that the witness was under subpoena, and no evidence was introduced to show the witness was ever served with a subpoena to testify.
Various states have a statutory provision to define the execution and regulation of subpoenas. Louisiana is typical. There the court made this statement: "A statute provides that the court shall issue subpoenas for the compulsory attendance of witnesses at hearings or trials when requested to do so by the state or the defendant."
One accused of a crime has a constitutional right to have compulsory process to procure the attendance of witnesses in his favor.
The subpoena is a process in the name of the court or a judge, carrying with it a command dignified by the sanction of the law.
A subpoena has been called a mandate lawfully issued under the seal of the court by a clerk thereof.
In general, the norm is to have the clerk of the court issue the subpoena for an upcoming trial in that same court.
Under the Uniform Rules of Criminal Procedure, a clerk or, someone acting in the part of the clerk of the court, under a magistrate shall issue a subpoena to a party requesting it, who shall fill in the blanks before it is served.
Read more about this topic: Subpoena Ad Testificandum
Famous quotes containing the words united states, generally, defined, united and/or states:
“The United States is a republic, and a republic is a state in which the people are the boss. That means us. And if the big shots in Washington don’t do like we vote, we don’t vote for them, by golly, no more.”
—Willis Goldbeck (1900–1979)
“Those who have least to do are generally the most busy people in the world.”
—Samuel Richardson (1689–1761)
“...I didn’t consider intellectuals intelligent, I never liked them or their thoughts about life. I defined them as people who care nothing for argument, who are interested only in information; or as people who have a preference for learning things rather than experiencing them. They have opinions but no point of view.... Their talk is the gloomiest type of human discourse I know.... This is a red flag to my nature. Intellectuals, to me have no natures ...”
—Margaret Anderson (1886–1973)
“The Federated Republic of Europe—the United States of Europe—that is what must be. National autonomy no longer suffices. Economic evolution demands the abolition of national frontiers. If Europe is to remain split into national groups, then Imperialism will recommence its work. Only a Federated Republic of Europe can give peace to the world.”
—Leon Trotsky (1879–1940)
“The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of laws, where there is no law, there is no freedom.”
—John Locke (1632–1704)