subpoena ad testificandum
Noun: A formal written order issued by a court, government agency, or legislative body commanding a person to appear at a specific time and place to give testimony as a witness in a legal proceeding. Failure to comply can result in penalties for contempt of court.
This term is used in formal legal contexts. It is the specific type of subpoena used to compel testimony, as opposed to a subpoena duces tecum, which commands the production of documents or evidence. - The court issued a subpoena ad testificandum to the key witness, requiring her presence at the trial. - His lawyer advised him that ignoring the subpoena ad testificandum could lead to arrest.
- The defense attorney served a subpoena ad testificandum on the expert witness.
- She received a subpoena ad testificandum ordering her to testify before the grand jury.
- The validity of the subpoena ad testificandum was challenged on the grounds that it was served improperly.
- "to quash a subpoena ad testificandum": To ask a court to invalidate or void the order, often due to improper service, an overly broad request, or an undue burden on the witness.
- "to enforce a subpoena ad testificandum": To seek a court order to compel compliance, potentially leading to sanctions against a non-compliant witness.
- Subpoena (n., v.): The general term for a court order commanding a person to do something, such as testify or produce evidence. is a specific type of subpoena.
- Writ (n.): A formal written command issued by a court.
- Summons (n.): A document ordering a person to appear in court, typically to answer a complaint (common in civil cases), whereas a subpoena often compels a non-party witness.
- Court order to testify
- Judicial summons (in a specific context)
- Witness summons
- "served with a subpoena ad testificandum": The formal act of delivering the legal document to the witness.
- "comply with a subpoena ad testificandum": To obey the order by appearing and giving testimony.
This term is almost exclusively used in legal writing and proceedings. In everyday legal discussion, it is often shortened simply to "subpoena," with the context making it clear that testimony, not documents, is being compelled. The full Latin phrase ad testificandum means "for testifying."
- a writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be punishable as a contempt of court