Subp'na - Definition - Law Dictionary Home Dictionary Definition subp-na

Definition :

Subp'na [from sub, Lat., under, and p'na, penalty], a writ commanding attendance in court under a penalty. It bears a close analogy to the citation, or vocatio in jus of the Civil and Canon Laws. There are several kinds of subp'na.

At Common Law there are two to compel the attendance of witnesses:-

(1) Subp'na ad testificandum, the common subp'na, which is personally served upon a witness, in order to compel him to attend the trial or inquiry, to give evidence.

(2) Subp'na duces tecum; this is personally served upona person, who has in his possession any written instrument, etc., the production of which in evidence is desired. Such a person need not be sworn, and in that case he cannot be cross-examined. Se DUCES TECUM.

These subp'nas are also used in criminal proceedings; four witnesses can be included in one subp'na, whether in civil or criminal cases.

For rules as to service, etc., of subp'na see (English) R.S.C. 1883, Ord. XXXVII., rr. 26-34, and for the different forms of subp'na, see Appendix J. of R.S.C. 1883. The Court can set aside the subp'na in criminal as well as civil proceedings if it is not required bona fide and is an abuse of process, R. v. Baines, (1909) 1 KB 258.