subpoena
Language: English
Part of speech: noun
Pronunciation: ipa: /sə(b)ˈpiː.nə/
ipa: /səˈpi.nə/
rhymes: -iːnə
Forms: form: subpoenas
form: subpoenae
form: subpoenæ
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: Nothing vnder a Sub-pœna can dravv him to London, and vvhen he is there, hee ſtickes faſt vppon euery Obiect, caſts his eyes avvay vppon gazing, and becomes the prey of euery cut-purſe.
ref: 1612 (date written), Tho: Overburye [i.e. Thomas Overbury], “Characters, or Witty Descriptions of the Properties of Sundry Persons. A Country Gentleman.”, in A Wife. Now the Widdow of Sir Tho: Overburye. Being a Most Exquisite and Singular Poem of the Choise of a Wife. […], 4th edition, London: […] G[eorge] Eld, for Lawrence Lisle, […], published 1614, →OCLC:
text: For the worthy magistrate, determined to omit no chance of doing Effie justice, and to leave her sister no apology for not giving the evidence which she was supposed to possess, had caused the ordinary citation, or sub-pœna, of the Scottish criminal court, to be served upon her by an officer during his conference with David.
ref: 1818 July 25, Jedediah Cleishbotham [pseudonym; Walter Scott], chapter VII, in Tales of My Landlord, Second Series, […] (The Heart of Mid-Lothian), volume II, Edinburgh: […] [James Ballantyne and Co.] for Archibald Constable and Company, →OCLC, page 181:
text: "Samuel Weller?" said Mr. Jackson, enquiringly. "Vun o' the truest things as you've said for many a long year," replied Sam, in a most composed manner. "Here's a subpœna for you, Mr. Weller," said Jackson. […] Mr. Jackson seemed rather puzzled by Sam's proceedings; but, as he had served the subpœnas, and had nothing more to say, he made a feint of putting on the one glove which he usually carried in his hand, for the sake of appearances; and returned to the office to report progress.
ref: 1836 March – 1837 October, Charles Dickens, “Which is All about the Law, and Sundry Great Authorities Learned therein”, in The Posthumous Papers of the Pickwick Club, London: Chapman and Hall, […], published 1837, →OCLC, pages 318–319:
text: "He won't be waging wars all the world – he'll be waging 'warsuits,'" Noah said. "Droning people with subpoenas all over the globe."
ref: 2016 October 26, David Moye, “Trevor Noah: If Trump is Elected, He’ll Wage ‘Warsuits’”, in Huffington Post, New York, N.Y.: Verizon Media:
text: I hereby request that the committee hold the subpoena in abeyance and delay any vote on whether to recommend a citation of contempt for noncompliance with the subpoena, pending the president's determination of this question.
ref: 2019 May 7, Nicholas Fandos, Charlie Savage, Catie Edmondson; Maggie Haberman, quoting Stephen Elliott Boyd, “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
synonyms: witness summons
order to attend court
glosses: A writ (“written order”) requiring someone to appear in court, or at a deposition or some other legal proceeding, as a witness to give testimony (a subpoena ad testificandum) or to produce evidence (subpoena duces tecum), in default of which the person may be punished.
examples: text: No man to be called by Privy Seal or Subpœna to anſwer any matters but ſuch as have no remedy by the Common law, and that to appear ſo by the teſtimony of two Juſtices of either Bench, and by Indenture between them and the Plaintiff, which Plaintiff ſhall always appear in proper perſon, and find ſurety by recognizance to proſecute with effect the matters of the Bill only, and to anſwer dammages if the ſame fall out againſt the Plaintiff.
ref: 1644, Edw[ard] Coke, “The Court of Chancery”, in The Fourth Part of the Institutes of the Laws of England. […], London: […] M[iles] Flesher, for W[illiam] Lee, and D[aniel] Pakeman, →OCLC, page 83:
text: [I]f the defendant, on ſervice of the ſubpoena, does not appear vvithin the time limited by the rules of the court, and plead, demur, or anſvver to the bill, he is then ſaid to be in contempt; and the reſpective proceſſes of contempt are in ſucceſſive order avvarded againſt him.
ref: 1768, William Blackstone, “Of Proceedings in the Courts of Equity”, in Commentaries on the Laws of England, book III (Of Private Wrongs), Oxford, Oxfordshire: […] Clarendon Press, →OCLC, page 443:
text: For to-day in this arena, / Summoned by a stern subpœna, / Edwin, sued by Angelina— / Shortly will appear.
ref: 1875 March 25 (first performance), W[illiam] S[chwenck] Gilbert, librettist; Arthur Sullivan, composer, Trial by Jury. A Novel and Original Dramatic Cantata, London: Walter Smith, […], published 1875, →OCLC, page 3:
topics: law
glosses: A writ requiring a defendant to appear in court to answer a plaintiff's claim (a subpoena ad respondendum); in England and Wales, and Ireland, this writ was formerly issued by the Court of Chancery at the plaintiff's request to commence a suit, but the procedure was abolished in 1852.
examples: text: Your meetings cal'd the Ball, to vvhich appeare, / As to the Court of Pleaſure, all your gallants, / And Ladies thither bound by a Subpena / Of Venus, […]
ref: 1635 October 25 (date licensed; Gregorian calendar), James Shirly [i.e., James Shirley], The Lady of Pleasure. A Comedie, […], London: […] Tho[mas] Cotes for Andrew Crooke, and William Cooke, published 1637, →OCLC, Act I, signature B2, verso:
glosses: A motive or thing which can compel or demand something, or summon someone.
Derived terms: word: subpenal
word: subpoena ad respondendum
word: subpoena ad testificandum
word: subpoena duces tecum