Civil Procedure
Subpoena
A subpoena is a court order compelling a person to appear in court to give evidence or to produce documents. Failure to comply is contempt of court.
Legal Definition
A formal court process requiring a named person to attend court and give evidence (subpoena ad testificandum) or to produce specific documents (subpoena duces tecum). Issued under the Criminal Procedure Act or the court rules in civil matters.
📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996
Practical Example
In a wrongful dismissal case, your lawyer subpoenas the HR manager to produce your employment file and testify about the disciplinary process.
Frequently Asked Questions
Can I refuse to comply with a subpoena?
Not without legal consequence. Failure to comply is contempt of court, punishable by fine or imprisonment. You should seek legal advice if you believe the subpoena is unlawful.
Are there expenses for complying with a subpoena?
The party issuing the subpoena must pay witness fees and reasonable travel expenses as prescribed by the rules.
Can I be subpoenaed even if I am not a party to the case?
Yes. A subpoena can be issued to any person who has relevant evidence, whether or not they are a party.
Related Terms
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