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:
“A sincere and steadfast co-operation in promoting such a reconstruction of our political system as would provide for the permanent liberty and happiness of the United States.”
—James Madison (1751–1836)
“Young women especially have something invested in being nice people, and it’s only when you have children that you realise you’re not a nice person at all, but generally a selfish bully.”
—Fay Weldon (b. 1933)
“An alcoholic has been lightly defined as a man who drinks more than his own doctor.”
—Alvan L. Barach (1895–1977)
“What makes the United States government, on the whole, more tolerable—I mean for us lucky white men—is the fact that there is so much less of government with us.... But in Canada you are reminded of the government every day. It parades itself before you. It is not content to be the servant, but will be the master; and every day it goes out to the Plains of Abraham or to the Champs de Mars and exhibits itself and toots.”
—Henry David Thoreau (1817–1862)
“Perhaps anxious politicians may prove that only seventeen white men and five negroes were concerned in the late enterprise; but their very anxiety to prove this might suggest to themselves that all is not told. Why do they still dodge the truth? They are so anxious because of a dim consciousness of the fact, which they do not distinctly face, that at least a million of the free inhabitants of the United States would have rejoiced if it had succeeded. They at most only criticise the tactics.”
—Henry David Thoreau (1817–1862)