ErichEko ⟹⭐ Feb 21, 2013:

But subpoenas are for witnesses only... AFAIK Yes, Catherine, subpoenas are used in both civil and criminal cases. Yet, again, the central question is whether any civil case defendant ever receive it. The following link is a sample of standard subpoena in a civil case: http://www.mncourts.gov/forms/public/forms/Subpoena/CIV101.d...

Yet, at the end part (the second page), it is clearly implying that a subpoena is sent to witness(es). And anyway, in both criminal and civil cases, any defendant cannot be forced (=subpoenaed) to submit evidence. Say, if Bin Laden had been caught alive, any US court could not force him to produce his passport when it coould not be found upon arrest to prove that he was Bin Laden. The US prosecutor must prove through DNA test, witnesses, or any other means that he was who he was. Any evidence a defendant produces will be voluntary since the burden of proof lies with the prosecutor/the plaintiff.

Catherine Muir Feb 21, 2013:

Subpoena/criminal; summons/civil. However,... ...a criminal subpoena is a written court order requiring a person's appearance, or the production of certain documents in regard to a legal case. A subpoena is the term used in a criminal case, while the term “summons” refers to the same kind of order in a civil case. Often, the term subpoena is used for both types of cases. See http://www.wisegeek.com/what-is-a-criminal-subpoena.htm for further explanation. As I said, it depends on the context and the legal system.

ErichEko ⟹⭐ Feb 21, 2013:

Yes, but a civil case defendant is not subpoenaed. What I'd like to know is whether any civil case defendant ever receive a subpoena. In your Victoria sample, it is witnesses that get both types of documents.

There is also a clear difference between summons and subpoena. In a civil case, if a defendant fails to serve a summons, the judge will make a decision against him/her (fine, penalty, etc.). Meanwhile, a witness that fails to serve a subpoena may be entertained with a ride in a police car. That is to say, a subpoena is rather inappropriate for a civil case defendant, since s/he does not have to attend the hearing if s/he is willing to bear any decision disadvantageous to him/her.

Catherine Muir Feb 21, 2013:

it depends on the context... each court system has its idiosyncracies. My example is specific to the courts of the state of Victoria, Australia.

ErichEko ⟹⭐ Feb 21, 2013:

Subpoenas are for witnesses... According to this site: http://www.wisegeek.org/what-is-the-difference-between-a-sum... a defendant in a civil case (tergugat, not terdakwa = a defendant in a criminal case) will receive summons. For the first hearing, s/he will most likely be presented with documents detailing a suit against him/her. On the other hand, a person receiving a subpoena should testify.

Catherine Muir Feb 21, 2013:

summons vs. subpoena Depending on the jurisdiction, the translation might be 'subpoena', rather than 'summons'. For example, in the state of Victoria in Australia, witnesses are sent a notice to attend court which is called a summons (in the Magistrates' Court) or a subpoena (in the County and Supreme Courts). This notice tells you when and where the case is going to be held. If you receive a summons or subpoena, you must attend court.