(A) practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2. On proof of service of a subpoena upon the witness, and that he, is material, an attachment way be issued against him for a contempt, if he neglect to attend as commanded. (B) chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff. (C) A legal document where the court orders a witness to appear in a court on a certain time and day to give testimony.
Law Dictionary – Alternative Legal Definition
The process by which the attendance of a witness is required is called a “subpoena.” It is a writ or order directed to a person, and requiring his attendance at a particular time and place to testify as a witness. It may also require him to bring with him any hooks, documents, or other things under his control which he is bound by law to produce in evidence. In chancery practice. A mandatory writ or process directed to and requiring one or more persons to appear at a time to come and answer the matters charged against him or them. Subpoena ad testificandum. Subpoena to testify. The common subpoena requiring the attendance of a witness on a trial, inquisition, or examination. 3 Bl. Comm. 369; In re Strauss, 30 App. Div. 610, 52 N. Y. Supp, 392. Subpoena duces tecum. A subpoena used, not only for the purpose of compelling witnesses to attend in court, but also requiring them to bring with them books or documents which may be in their possession, and which may tend to elucidate the subject matter of the trial Brown; 3 Bl. Comm. 382.