Dictionary

  • Subpoena

    A writ issued by a court ordering a person, with penalty for non-compliance, to come before it and give evidence and/or to produce relevant documents.

    There are three types of subpoena:

    • subpoena for production
    • subpoena to give evidence, and
    • subpoena for production and to give evidence

    A subpoena should only be sought where other avenues of attempt to obtain the evidence/testimony or documents have been exhausted.

    If you do not comply with a subpoena:

    • The court may issue a warrant for your arrest
    • You may be ordered to pay costs for non-compliance
    • You may be found guilty of contempt of court

    A subpoena will remain in force until it is complied with, the issuing party releases the subject from its obligation to comply, the hearing/trial is concluded, or it is set aside by the Court on application from the subject.

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