Subpoena Definition: Latin: an order of a court which requires a person to be present at a certain time and place or suffer a penalty (subpoena means, literally, under penalty). Related Terms: Duces Tecum, Letters of Exculpation, Writ, Summons, Citation This is the traditional tool used by lawyers to ensure that witnesses present themselves at a given place, date and time to make themselves available to testify (see also duces tecum). In Swinamer, Justice Cowan of the Nova Scotia Supreme Court wrote: "A subpoena is a document ... where a party desires to call any person as a witness at a trial.... No order of the Court is normally required for the issue of a subpoena." An Alberta v AUPE, an Albertan labour arbitrator adopted these words: "A subpoena is a command to appear at a certain time and place to give testimony upon a certain matter.... A document requiring a person to attend as a witness.... [T]he term subpoena contemplates some document issued by a third party that compels a person to attend as a witness in order to give testimony." REFERENCES: Alberta v. A.U.P.E., 62 L.A.C. (4th) 112 and at 1996 CarswellAlta 1174 Swinamer v. Canadian General Insurance Co. (1981), 44 N.S.R. (2d) 125, 1981 CarswellNS 75, 121 D.L.R. (3d) 736, 1981 I.L.R. 1-1411, 83 A.P.R. 125, 18 C.P.C. 277 Categories & Topics: Civil Litigation & Evidence Law Dictionary Criminal Law Dictionary Dictionary of Latin Law Terms Find you are constantly looking up definitions? Try our search provider (works in most modern browsers) If you find an error or omission in Duhaime's Legal Dictionary, or if you have legal term suggestion, we'd love to hear from you!