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Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # '' subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # '' subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena Ad Testificandum
A ''subpoena ad testificandum'' is a court summons to appear and give oral testimony for use at a hearing or trial. The use of a writ for purposes of compelling testimony originated in the ecclesiastical courts of Church during the High Middle Ages, especially in England. The use of the subpoena writ was gradually adopted over time by civil and criminal courts in England and the European continent. History The subpoena developed as a creative writ, the "writ subpoena", from the Court of Chancery. Writs of many kinds formed the essential parts of litigation. The primary function of a writ in the 13th and 14th centuries was to convey the king's commands to his officers and servants. It was irrelevant what the nature of those commands might be. The Register of Writs shows a large variety of writs to be administrative in nature, as opposed to judicial. These former writs acquired the name prerogative writs in the 17th and 18th centuries. Prerogative writs that have survived i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena Usgs
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: # ''subpoena ad testificandum'' orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person. # '' subpoena duces tecum'' orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court. Etymology The term ''subpoena'' is from the Middle English ''suppena'' and the Latin phrase ''sub poena'' meaning "under penalty". It is also spelled "subpena".See, e.g., ; ; ; and . The subpoena has its source in English common law and it is now used almost with universal application throughout the English c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subpoena Duces Tecum
A ''subpoena duces tecum'' (pronounced in English ), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions, it can also be issued by legislative bodies such as county boards of supervisors. The summons is known by various names in different jurisdictions. The term ''subpoena duces tecum'' is used in the United States, as well as some other common law jurisdictions such as South Africa and Canada. The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology. The ''subpoena duces tecum'' is similar to the ''subpoena ad testificandum'', which is a writ summoning a witness to testify orally. However, unlike the latter summons, the ''subpoena duces tecum'' instructs the witness to bring in hand books, papers, or evidence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Congress
Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a U.S. senator or U.S. representative was considered contempt of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a congressional committee or subcommittee—usually seeking to compel either testimony or the production of requested documents. History In the late 1790s, declaring contempt of Congress was considered an "implied power" of the legislature, in a similar manner as the British Parliament could make findings of contempt of Parliament—early Congresses issued contempt citations against numerous individuals for a variety of actions. Some instances of contempt of Congress included citations against: * Robert Randal, for an attempt to bribe Representative William Smith of South Carolina in 1795. * William Duane, a newspaper editor who refused to answer Senate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Subpoena
An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. Critics say that administrative subpoena authority is a violation of the Fourth Amendment to the United States Constitution, while proponents say that it provides a valuable investigative tool. History Philip Hamburger argues historical antecedents for the modern-day administrative subpoena date back as far as the Star Chamber and the prerogative courts, which issued warrants and subpoenas that were not subject to significant procedural safeguards or the rule of law. Administrative subpoenas have most commonly been issued by the Offices of the Inspector General of various federal agencies. The Drug Enforcement Administration was granted administrative subpoena authority under the Comprehensive Drug Abuse Prevention and Control Act of 1970. In 1996 Congress expanded the authority to issue the subpoenas to the Federal Bureau of Investigation when investigat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice pr ... has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Waltham
John Waltham (or John de Waltham) was a priest and high-ranking government official in England in the 14th century. He held a number of ecclesiastical and civic positions during the reigns of King Edward III and Richard II, eventually rising to become Lord High Treasurer, Lord Privy Seal of England and Bishop of Salisbury. He is buried in Westminster Abbey, London. Early life It is thought that Waltham was born in Waltham, Lincolnshire (although some sources identify his birthplace as Waltham in Essex – the historian Thomas Fuller wrote in 1655, ''"Amongst the natives of Waltham for statesmen, de Waltham bears away the bell"''.). He was the son of John and Margaret Waltham, whose memorial brass still exists in the chancel of All Saints' Church in Waltham. Waltham's great uncle was John of Thoresby, Lord Chancellor of England and Archbishop of York. John de Waltham is not to be confused with contemporary relatives of the same name; according to records, there was an elde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fishing Expedition
A fishing expedition is an informal, pejorative term for a non-specific search for information, especially incriminating information. It is most frequently organized by policing authorities. Media In the UK, Abu Hamza and Yaser al-Sirri, Jim Davidson, and the late Edward Heath were described in media as having been subjected to this tactic. Former friends of the late prime minister Edward Heath complained that Mike Veale, Chief Constable of Wiltshire Police, had mounted a 'fishing expedition' in an 'unsatisfactory and prejudicial' investigation costing £1.5 million which had turned up 'no convincing evidence' that Heath had ever sexually assaulted anyone, according to Lord Hunt of Wirral. Law In pre-trial procedure, so-called "fishing expeditions" are massive and aimless calls for all documents related to the litigation: in the United States they are permissible under Federal Rule of Civil Procedure 26 (b) (1). This rule is repeated in many states' rules of procedure: "Parties m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and '' certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of eve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a col ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called " process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Poena
In Greek mythology, Poena or Poine () is the spirit of punishment and the attendant of punishment to Nemesis, the goddess of divine retribution. Sometimes mentioned as one being, and sometimes in the plural as Poenai (Ποιναί) and are akin to the Erinyes The Erinyes ( ; sing. Erinys ; grc, Ἐρινύες, pl. of ), also known as the Furies, and the Eumenides, were female chthonic deities of vengeance in ancient Greek religion and mythology. A formulaic oath in the ''Iliad'' invokes .... Her Roman equivalent may have been Ultio. The Greek word ''poinḗ'' (), is meaning as penalty. And from this word the Latin ''poena'' meaning "pain, punishment, penalty" derived, which in turn gave rise to English words such as " subpoena" and "pain". References External linksLacusCurtius – Poena [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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