subpoena
Language: English
Part of speech: verb
Pronunciation: ipa: /sə(b)ˈpiː.nə/
ipa: /səˈpi.nə/
rhymes: -iːnə
Forms: form: subpoenas
form: subpoenaing
form: subpoenaed
form: subpoenaed
form: subpena
raw_tags: in the UK
form: subpœna
Etymology: Etymology tree
Proto-Indo-European *upó
Proto-Italic *supo
Medieval Latin subbor.
Proto-Indo-European *kʷey-
Proto-Indo-European *-nós
Proto-Indo-European *kʷoynéh₂
Ancient Greek ποινή (poinḗ)bor.
Medieval Latin poenabor.
Middle English sub pena
English subpoena
The noun sense is derived from Late Middle English sub pena (“writ requiring defendant to appear in the Court of Chancery to answer a plaintiff’s claim or to be punished; writ requiring witness to appear in court”), from Latin sub (“under”) + poena (“penalty, punishment”), from the opening words of the writ. The verb sense is derived from the noun one.
Senses: examples: text: Poor Willy! he would not even subpœna any of his old friends as to his general character. But even if he had, what could the Court do since he pleaded guilty?
ref: 1857, Pisistratus Caxton [pseudonym; Edward Bulwer-Lytton], “Containing Much of that Information which the Wisest Men in the World Could Not Give but which the Author Can”, in What will He Do with It? (Collection of British Authors; CCCCXL), Tauchnitz edition, volume III, Leipzig: Bernhard Tauchnitz, →OCLC, book VII, page 276:
text: I am just reminded that the president, who is also transfer-agent, of the Black Rapids Coal Company, happens to be on board here, and, having been subpœnaed as witness in a stock case on the docket in Kentucky, has his transfer-book with him.
ref: 1857 April 1, Herman Melville, “Renewal of Old Acquaintance”, in The Confidence-Man: His Masquerade, New York, N.Y.: Dix, Edwards & Co., […], →OCLC, page 32:
text: Witnesses, duly and in good faith, subpœnaed to attend any court, officer, commissioner, auditors or referees, or summoned to attend any judge, officer, or commissioner, in any cse where there attendance may, by law, be enforced by attachment or warrant, are exonerated from arrest in any civil suit, while going to the place where they are required to attend, while remaining in attendance as such witnesses, and while returning therefrom.
ref: 1860, Sanford M[oon] Green, “Commencement of Actions; and Proceedings on Both Sides to the Defendant‘s Appearance, Inclusive”, in A Treatise on the Practice of the Circuit Courts of the State of Michigan; […], Detroit, Mich.: S. D. Elwood, […], →OCLC, § 137, page 41:
text: Mr. Elgood and his daughter were both subpœnaed for the adjourned inquest.
ref: 1875, [Mary Elizabeth Braddon], “‘What, then, You Knew Not this Red Work Indeed?’”, in A Strange World […], volume I, London: John Maxwell and Co. […], →OCLC, page 181:
text: Volunteer no private information and express no opinion in public, especially in the Press, concerning medico-legal causes with which you are or are not personally concerned; otherwise you may be subpoenaed to support your published views without having seen previously the statements of claim or of defence.
ref: 1908, Stanley B[ean] Atkinson, “Medical Evidence and Medical Witnesses”, in The Law in General Practice: Some Chapters in Every-day Forensic Medicine, London: Henry Frowde, Oxford University Press; Hodder & Stoughton […], →OCLC, page 29:
text: [H]ave our juries at times not only to ensure the prolonged contentions of lawyers with their fees, but also the yet more perplexing strife of the medical experts with theirs? But why leave it to them? Why not subpoena as well the clerical proficients? Their vocation bringing them into peculiar contact with so many human beings, and sometimes in their least guarded hour, in interviews very much more confidential than those of physician and patient; this would seem to qualify them to know something about those intricacies involved in the question of moral responsibility; […]
ref: 1888–1891, Herman Melville, “[Billy Budd, Foretopman.] Chapter X.”, in Billy Budd and Other Stories, London: John Lehmann, published 1951, →OCLC, page 255:
text: The Federal Government subpœnaed over fifty witnesses, but many of these were relieved of testifying by the submission of documents.
ref: 1942 May–June, “U.S.A. Pullman Monopoly Opposed”, in The Railway Magazine, London: Tothill Press, →ISSN, →OCLC, page 130:
topics: law
glosses: To summon (someone) with a subpoena (noun sense 1) to appear in court, or at a deposition or some other legal proceeding, as a witness to give testimony or to produce evidence; to serve a subpoena on (someone).
examples: text: I have just recollected that you ought to have sub-pœnaᵈ in Goodwins & Thomass cases Goodwins comes on the second monday in October. You must send up for them.
ref: 1821 September 11, Thomas Jefferson Randolph, “[Letter from] Thomas Jefferson Randolph to Wilson Cary Nicholas (ca. 1796–1828)”, in Jefferson Quotes & Family Letters, Charlottesville, Va.: Thomas Jefferson Foundation, published 2024:
text: In a letter to the House Judiciary Committee, the department accused Democrats of being unreasonable in subpoenaing that material.
ref: 2019 May 7, Nicholas Fandos, Charlie Savage, Catie Edmondson, Maggie Haberman, “Justice Dept. threatens House Democrats over contempt in Barr battle”, in The New York Times, New York, N.Y.: The New York Times Company, →ISSN, →OCLC, archived from the original on 13 Apr 2023:
topics: law
glosses: To require (a document or other evidence) to be produced before a court, or at a deposition or some other legal proceeding.
examples: text: We wish to subpœna the public to our characters.
ref: 1815 January – 1817 January, William Hazlitt, “No. XXXIII. On Different Sorts of Fame.”, in William Hazlitt, Leigh Hunt, The Round Table: A Collection of Essays on Literature, Men, and Manners, volume II, Edinburgh: […] [George Ramsay & Co.] for Archibald Constable and Co.; London: Longman, Hurst, Rees, Orme, and Brown, published 1817, →OCLC, page 65:
glosses: To compel or summon (someone or something); to demand.
Related terms: contempt of court