Polluters Under The Law: Can They Be Subpoenaed?

A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place, such as a deposition, trial, or other hearing. They can also be used to request that business records be turned over. Subpoenas are time-sensitive, with court-imposed deadlines. They can be issued by any attorney, a self-represented individual, or a service hired by an attorney, using court-supplied forms. In the case of polluters, subpoenas can be used to compel the appearance of officials from companies allegedly responsible for water contamination, for example, to testify under oath at public hearings.

What constitutes a subpoena?

A subpoena is a legal, written order issued by a court, attorney, or administrative agency that compels an individual to give testimony on a particular subject at a specific time and place, or to provide documents or other tangible objects. It is typically requested by an attorney on behalf of the court and issued by a court clerk, notary public or justice of the peace.

A subpoena is usually served in person by a process server, sheriff's deputy, or another authorised individual. However, it can also be served via mail, email, or even by being read out aloud. A subpoena must be delivered in person and can be served by one of the parties in the case or by anyone who is at least 18 years old.

A subpoena can be issued to compel an individual to testify for a deposition, trial, Congressional inquiry, or other hearings. It can also be used to obtain documents or other tangible objects. In a criminal case, a subpoena can only be used to compel testimony in court, while in a civil case, it can be used for out-of-court testimony as well.

A subpoena ad testificandum is a subpoena to appear in court as a witness, while a deposition subpoena is for testimony during a deposition outside of court. A subpoena duces tecum is a subpoena to produce documents or other tangible objects.

The specific requirements, expectations, and timing of a subpoena will vary from one ruling to another. A valid subpoena should include the name of the court issuing it, the name and contact details of the attorney who initiated it, the names of the involved parties, and the assigned case docket number.

Failure to comply with a subpoena can result in various legal consequences, including contempt of court, financial penalties, default judgment, and additional legal costs.

Who can issue a subpoena?

In the United States, there are several positions within the legal jurisdiction that are granted the power to issue a subpoena. These include:

• Judges and Magistrates: The primary authority for issuing subpoenas typically rests with judges or magistrates presiding over a case.
• Attorneys: In many jurisdictions, attorneys representing parties involved in a legal matter also possess the authority to issue subpoenas. They may issue subpoenas on behalf of their clients to compel witnesses to testify or produce relevant documents.
• Administrative Agencies: Certain administrative agencies, such as government regulatory bodies or investigative commissions, may also have the authority to issue subpoenas. These subpoenas are typically used to gather information or testimony related to regulatory compliance.
• Clerks of Court: In some jurisdictions, clerks of court or court administrators may be empowered to issue subpoenas, often for very niche, specific reasons such as summoning jurors.

A subpoena is a formal written order demanding a person's presence before a court or other legal proceeding (e.g., a Congressional hearing) to testify or produce documentation. It is issued by the court and served through mail, email, or personal delivery. Failure to respond to a subpoena may result in contempt of court.

What happens if you ignore a subpoena?

In the US, ignoring a subpoena is not a good idea. Regardless of the type of subpoena, ignoring it will likely raise questions about your reasons for non-compliance and could lead to being held in contempt of court. A subpoena is a demand/order for your appearance in court, with penalties for failing to show up.

If you ignore a subpoena, the federal agents handling the investigation will assume that there is a reason for your non-compliance. This could raise additional questions and limit your chances of achieving a favourable pre-charge result. The investigating agents may also be able to gather enough evidence to pursue charges through other means.

If you ignore a subpoena, you can expect the agency handling the investigation to promptly file a motion to compel you to respond. If the court grants this motion and you still refuse to comply, the agency can then file a motion for contempt of court. Under 18 U.S.C. Sections 401 and 402, contempt of court is a federal crime. Failing to respond to a subpoena can result in fines, imprisonment, or both, at the court's discretion.

In most cases, a hearing will be held where the non-compliant party can explain their reasons for non-compliance, and the court or agency will determine an appropriate punishment. The punishment for non-compliance may include monetary sanctions or, in rare cases, imprisonment.

What are the types of subpoenas?

There are several types of subpoenas, which are court-ordered commands requiring someone to do something, such as testify or present information, in a court case or other legal proceeding. The term subpoena means "under penalty", and non-compliance may result in civil or criminal penalties, such as fines or jail time.

The first type is a subpoena ad testificandum, which requires someone to testify. This type of subpoena can be used to issue a deposition subpoena or to appear in court. The second type is a subpoena duces tecum, which requires the production of documents, materials, or other tangible evidence. Compliance with this type of subpoena can sometimes be achieved without an in-person appearance. A third type is a deposition subpoena, which requires a person who is not a party to a lawsuit to provide copies of business records and/or appear at a deposition to answer questions asked by one party in a lawsuit. This differs from the subpoena duces tecum in that the documents and testimony are part of the "discovery process" before a trial and may not be used in an actual court hearing.

Other types of subpoenas include personal subpoenas, which command the appearance of an individual as a witness, and Person Most Knowledgeable (PMK) subpoenas, which command the person with the most knowledge on a subject to appear as a witness. Criminal subpoenas are also a type of subpoena that commands the production of records in criminal cases.

What is the process of issuing a subpoena?

A subpoena is a formal written order that requires a person to appear before a court or other legal proceeding, such as a Congressional hearing. It is a demand to testify or produce documentation. Attorneys typically request subpoenas, which are issued by the court and served through mail, email, or personal delivery.

The process of issuing a subpoena is as follows:

• An attorney requests a subpoena on behalf of their client.
• The court issues the subpoena, which is then served to the individual through mail, email, or personal delivery.
• The individual is required to appear before the court or other legal proceeding and testify or produce documentation.
• If the individual fails to appear or provide the requested documentation, they may be held in contempt of court and face legal consequences such as fines or imprisonment.

It is important to note that the specific process and requirements of issuing a subpoena may vary depending on the jurisdiction and the type of subpoena. For example, in the United States, Rule 45 of the Federal Rules of Civil Procedure outlines the requirements for issuing subpoenas in civil cases.

Additionally, there are different types of subpoenas, including:

• Witness subpoena: Requires an individual to appear in court and testify as a witness.
• Subpoena duces tecum: Requires the individual to produce evidence such as documents, records, or other tangible items.
• Deposition subpoena: Requires a third-party individual to provide records or testify at a deposition, without being involved in the lawsuit.

Frequently asked questions