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.