subpoena

plural subpoenas · plural subpoenae · plural subpoenæ · alternative dated subpena · alternative archaic subpœna

1. lawA writ (“written order”) requiring someone to appear in court, or at a deposition or some other legal proceeding, as a witness to give testimony (a subpoena ad testificandum) or to produce evidence (subpoena duces tecum), in default of which the person may be punished.

   "He won't be waging wars all the world – he'll be waging 'warsuits,'" Noah said. "Droning people with subpoenas all over the globe."

   2016 October 26, David Moye, “Trevor Noah: If Trump is Elected, He’ll Wage ‘Warsuits’”, in Huffington Post, New York, N.Y.: Verizon Media

   4 more examples

   Nothing vnder a Sub-pœna can dravv him to London, and vvhen hee is there, hee ſtickes faſt vppon euery obiect, caſts his eyes avvay vpon gazing, and becomes the prey of euery cut-purſe.

   1612 (date written), Thomas Overburye [i.e. Thomas Overbury], “Characters, or Witty Descriptions of the Properties of Sundry Persons. A Country Gentleman.”, in A Wife Now the Widdow of Sir Thomas Overburye. Being a Most Exquisite and Singular Poem of the Choice of a Wife. […], London: […] [Edward Griffin] for Lawrence Lisle, […], published 1614, →OCLC, signature [E4], recto

   For the worthy magistrate, determined to omit no chance of doing Effie justice, and to leave her sister no apology for not giving the evidence which she was supposed to possess, had caused the ordinary citation, or sub-pœna, of the Scottish criminal court, to be served upon her by an officer during his conference with David.

   1818 July 25, Jedediah Cleishbotham [pseudonym; Walter Scott], chapter VII, in Tales of My Landlord, Second Series, […] (The Heart of Mid-Lothian), volume II, Edinburgh: […] [James Ballantyne and Co.] for Archibald Constable and Company, →OCLC, page 181

   "Samuel Weller?" said Mr. Jackson, enquiringly. "Vun o' the truest things as you've said for many a long year," replied Sam, in a most composed manner. "Here's a subpœna for you, Mr. Weller," said Jackson. […] Mr. Jackson seemed rather puzzled by Sam's proceedings; but, as he had served the subpœnas, and had nothing more to say, he made a feint of putting on the one glove which he usually carried in his hand, for the sake of appearances; and returned to the office to report progress.

   1836 March – 1837 October, Charles Dickens, “Which is All about the Law, and Sundry Great Authorities Learned therein”, in The Posthumous Papers of the Pickwick Club, London: Chapman and Hall, […], published 1837, →OCLC, pages 318–319

   I hereby request that the committee hold the subpoena in abeyance and delay any vote on whether to recommend a citation of contempt for noncompliance with the subpoena, pending the president's determination of this question.

   2019 May 7, Nicholas Fandos, Charlie Savage, Catie Edmondson; Maggie Haberman, quoting Stephen Elliott Boyd, “Justice Dept. threatens House Democrats over contempt in Barr battle”, in The New York Times, New York, N.Y.: The New York Times Company, →ISSN, →OCLC, archived from the original on 13 Apr 2023

   Synonyms: witness summons, order to attend court, citation, invocation, summons, writ of summons

2. historicallawA writ requiring a defendant to appear in court to answer a plaintiff's claim (a subpoena ad respondendum); in England and Wales, and Ireland, this writ was formerly issued by the Court of Chancery at the plaintiff's request to commence a suit, but the procedure was abolished in 1852.

   For to-day in this arena, / Summoned by a stern subpœna, / Edwin, sued by Angelina— / Shortly will appear.

   1875 March 25 (first performance), W[illiam] S[chwenck] Gilbert, librettist; Arthur Sullivan, composer, Trial by Jury. A Novel and Original Dramatic Cantata, London: Walter Smith, […], published 1875, →OCLC, page 3

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   No man to be called by Privy Seal or Subpœna to anſwer any matters but ſuch as have no remedy by the Common law, and that to appear ſo by the teſtimony of two Juſtices of either Bench, and by Indenture between them and the Plaintiff, which Plaintiff ſhall always appear in proper perſon, and find ſurety by recognizance to proſecute with effect the matters of the Bill only, and to anſwer dammages if the ſame fall out againſt the Plaintiff.

   1644, Edw[ard] Coke, “The Court of Chancery”, in The Fourth Part of the Institutes of the Laws of England. […], London: […] M[iles] Flesher, for W[illiam] Lee, and D[aniel] Pakeman, →OCLC, page 83

   [I]f the defendant, on ſervice of the ſubpoena, does not appear vvithin the time limited by the rules of the court, and plead, demur, or anſvver to the bill, he is then ſaid to be in contempt; and the reſpective proceſſes of contempt are in ſucceſſive order avvarded againſt him.

   1768, William Blackstone, “Of Proceedings in the Courts of Equity”, in Commentaries on the Laws of England, book III (Of Private Wrongs), Oxford, Oxfordshire: […] Clarendon Press, →OCLC, page 443

3. figurativelyA motive or thing which can compel or demand something, or summon someone.

   Your meetings cal'd the Ball, to vvhich appeare, / As to the Court of Pleaſure, all your gallants, / And Ladies thither bound by a Subpena / Of Venus, […]

   1635 October 25 (date licensed; Gregorian calendar), James Shirly [i.e., James Shirley], The Lady of Pleasure. A Comedie, […], London: […] Tho[mas] Cotes for Andrew Crooke, and William Cooke, published 1637, →OCLC, Act I, signature B2, verso

present singular third person subpoenas · participle present subpoenaing · participle past subpoenaed · past subpoenaed · alternative dated subpena · alternative archaic subpœna

1. transitivelawTo summon (someone) with a subpoena (noun sense 1) to appear in court, or at a deposition or some other legal proceeding, as a witness to give testimony or to produce evidence; to serve a subpoena on (someone).

   Mr. Elgood and his daughter were both subpœnaed for the adjourned inquest.

   1875, [Mary Elizabeth Braddon], “‘What, then, You Knew Not this Red Work Indeed?’”, in A Strange World […], volume I, London: John Maxwell and Co. […], →OCLC, page 181

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   Poor Willy! he would not even subpœna any of his old friends as to his general character. But even if he had, what could the Court do since he pleaded guilty?

   1857, Pisistratus Caxton [pseudonym; Edward Bulwer-Lytton], “Containing Much of that Information which the Wisest Men in the World Could Not Give but which the Author Can”, in What will He Do with It? (Collection of British Authors; CCCCXL), Tauchnitz edition, volume III, Leipzig: Bernhard Tauchnitz, →OCLC, book VII, page 276

   I am just reminded that the president, who is also transfer-agent, of the Black Rapids Coal Company, happens to be on board here, and, having been subpœnaed as witness in a stock case on the docket in Kentucky, has his transfer-book with him.

   1857 April 1, Herman Melville, “Renewal of Old Acquaintance”, in The Confidence-Man: His Masquerade, New York, N.Y.: Dix, Edwards & Co., […], →OCLC, page 32

   Witnesses, duly and in good faith, subpœnaed to attend any court, officer, commissioner, auditors or referees, or summoned to attend any judge, officer, or commissioner, in any cse where there attendance may, by law, be enforced by attachment or warrant, are exonerated from arrest in any civil suit, while going to the place where they are required to attend, while remaining in attendance as such witnesses, and while returning therefrom.

   1860, Sanford M[oon] Green, “Commencement of Actions; and Proceedings on Both Sides to the Defendant‘s Appearance, Inclusive”, in A Treatise on the Practice of the Circuit Courts of the State of Michigan; […], Detroit, Mich.: S. D. Elwood, […], →OCLC, § 137, page 41

   Volunteer no private information and express no opinion in public, especially in the Press, concerning medico-legal causes with which you are or are not personally concerned; otherwise you may be subpoenaed to support your published views without having seen previously the statements of claim or of defence.

   1908, Stanley B[ean] Atkinson, “Medical Evidence and Medical Witnesses”, in The Law in General Practice: Some Chapters in Every-day Forensic Medicine, London: Henry Frowde, Oxford University Press; Hodder & Stoughton […], →OCLC, page 29

   [H]ave our juries at times not only to ensure the prolonged contentions of lawyers with their fees, but also the yet more perplexing strife of the medical experts with theirs? But why leave it to them? Why not subpoena as well the clerical proficients? Their vocation bringing them into peculiar contact with so many human beings, and sometimes in their least guarded hour, in interviews very much more confidential than those of physician and patient; this would seem to qualify them to know something about those intricacies involved in the question of moral responsibility; […]

   1888–1891, Herman Melville, “[Billy Budd, Foretopman.] Chapter X.”, in Billy Budd and Other Stories, London: John Lehmann, published 1951, →OCLC, page 255

2. transitivelawTo require (a document or other evidence) to be produced before a court, or at a deposition or some other legal proceeding.

   In a letter to the House Judiciary Committee, the department accused Democrats of being unreasonable in subpoenaing that material.

   2019 May 7, Nicholas Fandos, Charlie Savage, Catie Edmondson, Maggie Haberman, “Justice Dept. threatens House Democrats over contempt in Barr battle”, in The New York Times, New York, N.Y.: The New York Times Company, →ISSN, →OCLC, archived from the original on 13 Apr 2023

   1 more example

   I have just recollected that you ought to have sub-pœnaᵈ in Goodwins & Thomass cases Goodwins comes on the second monday in October. You must send up for them.

   1821 September 11, Thomas Jefferson Randolph, “[Letter from] Thomas Jefferson Randolph to Wilson Cary Nicholas (ca. 1796–1828)”, in Jefferson Quotes & Family Letters, Charlottesville, Va.: Thomas Jefferson Foundation, published 2024

3. figurativelytransitiveTo compel or summon (someone or something); to demand.

   We wish to subpœna the public to our characters.

   1815 January – 1817 January, William Hazlitt, “No. XXXIII. On Different Sorts of Fame.”, in William Hazlitt, Leigh Hunt, The Round Table: A Collection of Essays on Literature, Men, and Manners, volume II, Edinburgh: […] [George Ramsay & Co.] for Archibald Constable and Co.; London: Longman, Hurst, Rees, Orme, and Brown, published 1817, →OCLC, page 65