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.