Subpoena in Europe

Definition of Subpoena

A writ issued in an action or suit requiring the person to whom it is directed to be present at a specified place and time, and for a specified purpose, under a penalty (sub poena) of 100. The varieties in use are : (1) the subpoena ad testificandum, used for the purpose of compelling a witness to attend and give evidence, either in Court or before an examiner or referee ; and (2) the subpoena duces tecum, used to compel a witness to attend in Court or before an examiner or referee, to give evidence and also bring with him certain documents in his possession specified in the subpoena. (Seo Order XXXVII.) There are also (3) the subpoena to show cause, which must be served upon an infant when he comes of age if a judgment against him during infancy has given him a day to show cause against it (see Order XVI, r. 16) ; and (4) the subpoena to name a solicitor which the one party to an action can serve upon the failure of the other party to appoint a solicitor in the place of a solicitor who has died or become incapable of acting. (See Order VII, r. 3.), Under the old Chancery practice, every suit was commenced by a writ of subpoena requiring the defendant to appear

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Definition of Subpoena is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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