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单词 subpoena
释义

subpoenan.

Brit. /səbˈpiːnə/, /səˈpiːnə/, U.S. /səˈpinə/
Forms: late Middle English–1600s suppena, late Middle English–1600s 1900s– subpena, 1500s sepina, 1500s subpene, 1500s supenea, 1500s– subpoena, 1600s sowpinee, 1600s subpaena, 1600s subpens (plural), 1600s supena, 1700s subpoene, 1700s supoena.
Origin: A borrowing from Latin. Etymon: Latin sub poenā.
Etymology: < classical Latin sub poenā under a penalty (see sub poena adv.), the opening words of the writ. Compare (denoting such a writ) Anglo-Norman sub pena, subpoena (1465), brief sub pena (1416), post-classical Latin sub poena (1503, 1663 in British sources).
Law.
1.
a. A writ requiring the attendance of a defendant at court in order to answer a charge alleged against him or her, subject to penalty for non-compliance. Cf. sub poena adv. Now historical.In England, Wales, and Ireland such writs were issued by the Court of Chancery in order to commence a suit; the procedure was abolished in 1852.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > summons > subpoena for defendant
subpoenaa1426
writ of subpoena?1462
a1426 in Cal. Proc. Chancery Queen Elizabeth (1827) I. Introd. p. xix Graunte to the seid suppliant a writ sub pena direct to the seid Thomas.
a1433 in W. P. Baildon Sel. Cases Chancery (1896) 129 Graunt your forseid bedwoman that she may haue of the Chaunceller of Englond a writ that is called sub pena.
?1466 in C. L. Kingsford Stonor Lett. & Papers (1919) I. 74 (MED) The seyde Richard..untruly by hym brougte up Frend by a suppena and the party not pryvy, and than withowte cause axyd Suryte of pees, [etc.].
a1517 in G. P. Scrope Hist. Castle Combe (1852) 294 A suppena brought agaynse me by hys false surmyse.
?1575 J. Hooker Orders Enacted for Orphans f. 39 A Sub pena is graunted against the partie, to compel him to appeer in the Chauncery.
1651 Certaine Observ. conc. Lord Chancellor 31 No Subpœna may be granted without Suerty to satisfie the Defend. for his damages and expences, if the matter cannot be made good.
1681 Late Famous Tryal Mr. Hickeringill 9 He once gave me a Subpœna out of Chancery, where she was Plantiff against me.
1768 W. Blackstone Comm. Laws Eng. III. 443 If the defendant, on service of the subpoena, does not appear..he is then said to be in contempt.
1794 W. Brown Rep. Cases Chancery IV. 478 The plaintiff..caused a subpœna to be sued out, and application to be made to the defendant's solicitor to accept service thereof.
1836 Law Jrnl. Rep. 14 218/1 At the hearing of the cause, it was supposed that the defendant did not appear, and the plaintiff proposed to take such decree as he could abide by, on an affidavit of service of the subpœna to hear judgment.
1890 D. M. Kerly Hist. Sketch Court of Chancery v. 87 He prayed the Chancellor to grant a subpœna to the Defendant ‘to answer him of the deceit aforesaid’.
1909 T. A. Street Federal Equity Pract. I. xiii. 367 In the federal courts, the subpoena runs as from the President of the United States.
1914 W. T. Barbour Hist. Contract in Early Eng. Equity ii. iv. 161 A resigned the benefice to B's damage and B brought a subpoena for the breach of promise.
1989 P. R. Backscheider Daniel Defoe: his Life iii. 59 [They] obtained subpoenas to force Defoe to appear in Chancery for nonpayment of the money he owed them.
b. A writ requiring the attendance of a person at court, a deposition, or some other proceeding, in order to testify or present evidence, subject to penalty for non-compliance. See also Phrases 2.No longer in technical legal use in England and Wales, where the usual term is witness summons.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > summons > subpoena for witness
subpoena1467
subpoena ad testificandum1594
1467 R. Calle in Paston Lett. & Papers (2004) II. 380 He woll not come withoute he haue a suppena.
c1550 Wyll of Deuill (?1825) B 4 b A Bouget too put their Sup penas in, to cracke the poore men with all in the countrey.
1614 T. Overbury et al. Characters in Wife now Widdow sig. E4 Nothing vnder a Sub-pœna can draw him to London.
1673 in Canterbury Press (1884) 26 Jan. 7/3 For a sowpinee For the witeneses 030.
1746 P. Francis & W. Dunkin tr. Horace Satires i. ii. 13 By subpœnas dragg'd from home.
1791 S. Turner Costs in Court of Chancery 61 When a Witness refuses to attend to be examined, a Subpœna must be had, and served on him.
1818 W. Scott Heart of Mid-Lothian vii, in Tales of my Landlord 2nd Ser. II. 181 The worthy magistrate..had caused the ordinary citation, or sub-pœna, of the Scottish criminal court, to be served upon her.
1837 C. Dickens Pickwick Papers xxx. 317 It's only a subpœna in Bardell and Pickwick.
1851 J. G. Bruff Jrnl. 18 July in Gold Rush (1944) II. v. 997 An officer served a subpoena on me, to attend the circuit court, as a witness.
1930 Sydney Morning Herald 28 Oct. 11/8 (headline) Witnesses fined. Subpoenas Disregarded.
1974 Amer. Bar Assoc. Jrnl. 60 963/3 The United States Court of Appeals..ruled that the president did not have to comply with a subpoena of the United States Senate Select Committee.
1990 F. Dannen Hit Men (1991) iii. 39 FBI agents served him with a subpoena in his mother's apartment.
2. figurative and in figurative contexts. Something likened to a subpoena, esp. in having the power to demand a thing or to summon a person.
ΚΠ
1593 Tell-Trothes New-yeares Gift sig. E4v What a cheape subpena is this to drawe an answere from the conscience?
1637 J. Shirley Lady of Pleasure i. sig. B2v To which appeare, As to the Court of Pleasure, all your gallants, And Ladies thither bound by a Subpena Of Venus.
1640 ‘Ben-Arod Gad’ Wandering-Jew 44 Shee serves me still with Sub-pæna upon Sub-pæna, to answer to the Intergatories of her cruelty.
1810 A. Boswell Edinburgh 15 A Poet..Rails at the change, and summons poor Edina To mend her ways, with terrible subpoena.
1906 Hibbert Jrnl. Jan. 265 That authority..is necessarily open to the challenge of criticism, liable to a subpœna before the higher bar of reason.
1994 P. Atkins in J. Wolf & S. Rawlings Good Soldier Wolf 136 This moral subpoena, if left unheeded, would have consequences for him more disastrous..than any bureaucratic writ or warrant.

Phrases

P1.
writ of subpoena n. [compare Anglo-Norman brief de subpoena (1465 or earlier), brief desouth peins (a1424 or earlier), post-classical Latin breve de sub pena (1528)] a writ requiring the attendance of a person at a stated place in order to testify, present evidence, or (formerly) to answer a charge; a subpoena.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > summons > subpoena for defendant
subpoenaa1426
writ of subpoena?1462
?1462 J. Paston in Paston Lett. & Papers (2004) I. 102 Please your good and gracious lordship to direct seuerall writtes of sub pena to the seid William and William.
1543 tr. Act 15 Hen. VI c. 4 For asmoche as dyuers persons haue before this tyme ben greatly greued by wryttes of sub pena.
1623 in New Shakspere Soc. Trans. (1885) 499 His Maties most gracious writt of Subpœna directed to the said James Baskervile..and also to Susann Baskervile..comaunding them..to..appeare..in his Maties high court of Chauncery.
1756 London Gaz. No. 9636/2 The Office of Making, Writing and Ingrossing all Writs of Subpœna issuing out of His Majesty's High Court of Chancery.
1830 Indiana Jrnl. 10 Feb. A writ of subpœna is awarded against the defendant.
1899 B. C. Steiner Inst. & Civil Govt. Maryland ii. xxvi. 301 Writs of subpoena shall be issued for any persons he may wish to have testify for him.
1941 Times 19 July 6/6 Mr. Holmes referred to documents found in Captain Ramsay's house at the time of his arrest and produced by the police under a writ of subpoena.
2004 Law & Hist. Rev. 22 582 This act simplified procedure by abolishing the writ of subpoena.
P2.
a.
subpoena ad testificandum n. [ < subpoena n. + post-classical Latin ad testificandum in order to testify (4th cent.; < classical Latin ad to (see ad- prefix) + testificandum , gerund of testificārī testify v.)] a subpoena (sense 1b) requiring a person to testify.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > summons > subpoena for witness
subpoena1467
subpoena ad testificandum1594
1594 W. West Symbolæogr.: 2nd Pt. ii. §52 sig. C7v If the witnesses will not appeare gratis, they are compellable thereunto by Subpena, ad testificand' in maner following.
a1650 S. D'Ewes Jrnls. Parl. Queen Elizabeth anno 1601 (1682) 637/2 The Client might peradventure be undone if he should not have this Subpœna ad testificandum in due time both served and appeared unto.
1780 G. Crompton Pract. Common-placed I. 288 If witnesses will not voluntarily attend at the execution of the writ of enquiry, the party, wanting their testimony, may have a subpœna ad testificandum.
1808 E. H. East Rep. Cases King's Bench 9 476 The precedents of the common subpœna ad testificandum are scarcely more ancient than that of the subpœna duces tecum.
1909 Law Jrnl. Rep. King's Bench Div. 78 120/2 This case must not be taken as a precedent for any supposed rule that a person summoned on subpœna ad testificandum may get it set aside by swearing that he can give no relevant evidence.
2001 Amer. Jrnl. Internat. Law 95 402 The trial chamber found that it was competent to issue a subpoena ad testificandum to NATO/SFOR personnel.
b.
subpoena duces tecum n. a subpoena (sense 1b) requiring a person to present documents or other physical evidence; = duces tecum n. [Apparently < subpoena n. + post-classical Latin duces tecum, in the text of the writ (see duces tecum n.); compare earlier duces tecum n. Compare the earlier post-classical Latin formula of the writ: in propria persona sit..adferens tecum omnia et omnimodo cartas, scripta, evidencias et munimenta in custodia tua ‘let it be in person..bringing with you all and all manner of charters, writings, pieces of written evidence, and documents in your custody’ (1641 or earlier).]
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [noun] > summons > subpoena for documents
duces tecum1617
subpoena duces tecum1730
1623 T. Powell Attourneys Acad. 79 Sub pœna of Ducas tecum.]
1730 G. Jacob Compl. Chancery-practiser I. 284 A Subpœna duces Tecum, for Writings, Evidences, &c.
1768 W. Blackstone Comm. Laws Eng. III. xxiii. 382 In the hands of third persons they [sc. books and papers belonging to the parties] can generally be obtained by rule of court, or by adding a clause of requisition to the writ of subpoena, which is then called a subpoena duces tecum.
1891 Weekly Notes 12 Dec. 195/1 This was a motion..to set aside a writ of subpœna duces tecum.
1945 All Eng. Law Rep. 3 Mar. 274 The party on whose behalf the motion is made has been required by a subpœna ad testificandum and duces tecum to appear before the district auditor.
2001 Univ. Chicago Law Rev. 68 1507 The act of production doctrine renders the contents of business documents irrelevant to determining the validity of subpoenas duces tecum.
P3.
process of subpoena n. the process by which a person is summoned by a subpoena to testify, present evidence, or (formerly) to answer a charge; a writ of subpoena.
ΚΠ
1689 Proc. & Tryal Archbishop of Canterbury & Right Rev. Fathers 5 It is the Right of my Lords..that they ought to be served with the usual Process of Subpœna, and not to be committed to prison.
1768 W. Blackstone Comm. Laws Eng. III. xxvii. 443 Upon common bills, as soon as they are filed, process of subpoena is taken out; which is a writ commanding the defendant to appear and answer to the bill, on pain of 100l.
1827 Morning Post 27 Nov. Persons must be taught that the process of subpœna must be obeyed.
1895 Galveston (Texas) Daily News 30 Apr. 4/4 A law amending the process of subpoena, punishing defaulting witnesses by imprisonment.
1932 Ann. Acad. Polit. & Social Sci. 159 82/2 It is quite feasible, by mutual legislation, for one state to honor the process of subpœna issued by another state.
1996 K. Fearn-Banks Crisis Communications 288 It is recommended that the agency cooperate, but only through the legal compulsory process of subpoena to better protect the agency.

Compounds

Subpoena Office n. now historical an office of the Court of Chancery, dealing with the issuing of subpoenas.
ΚΠ
1650 Proposalls to Comm. Regulating of Courts of Justice 18 The same is crept in as lately as the Subpœna Office, and of as little use, and of as great charge and trouble as the other, where the Client must dance attendance to have his Affidavit Entred and Filed.
1671 E. Chamberlayne Angliæ Notitia (ed. 5) 246 The Subpena Office is to issue out Writs to call a person into Chancery.
1791 S. Turner Costs in Court of Chancery 226 A Subpœna to the Defendant to put in a better Answer must be obtained from the Subpœna Office.
1899 S. Lee Dict. National Biogr. LVIII. 113/1 Next year he devoted the 3000l. of his wife's portion to purchasing from Sir Edward Gorge a third part of the subpœna office in chancery.
1991 Albion 23 25 Sir Henry Vane of the Subpoena Office.
This entry has been updated (OED Third Edition, June 2012; most recently modified version published online March 2022).

subpoenav.

Brit. /səbˈpiːnə/, /səˈpiːnə/, U.S. /səˈpinə/
Forms: 1600s subpaened (past participle), 1600s subpoene, 1600s suppena, 1600s– subpoena, 1700s subpaena, 1700s 1900s– subpena; Irish English (northern) 1900s– suppainy, 1900s– suppaney.
Origin: Formed within English, by conversion. Etymon: subpoena n.
Etymology: < subpoena n.
1. Law.
a. transitive. To serve (a person) with a subpoena; to summon as a witness to a court, deposition, or other proceeding. Frequently in passive.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [verb (transitive)] > summon or issue summons against > subpoena
subpoena1640
subpoena1869
1640 in J. Rushworth Hist. Coll.: Third Pt. (1692) I. 81 One Walker, and Cadwallader Powel,..subpœned to be made Defendants in a Third Information put into the High Court of Star-Chamber.
1693 Humours & Conversat. Town 6 My Cousin, here, and I, being subpœna'd up for Witnesses.
1710 P. Blair Let. 20 Mar. in Misc. Observ. (1718) 66 The Physicians and Surgeons (being subpena'd as Evidences against him).
1755 Gentleman's Mag. July 329/1 The witnesses subpæna'd by the crown amounted to above 100.
1858 E. Bulwer-Lytton What will he do with It? vii. vii He would not even subpœna any of his old friends as to his general character.
1875 M. E. Braddon Strange World I. xi. 181 Mr. Elgood and his daughter were both subpœnaed for the adjourned inquest.
1938 A. Berkeley Not to be Taken iv. 103 But it's the inquest the day after tomorrow. She can't possibly leave before that. Hasn't she been subpoenaed?
1975 Radio Times 2 Jan. 3/3 They subpoenaed him to answer questions about a murder.
2005 R. Tope Cotswold Killing vi. 82 If we felt he was an important witness, we could subpoena him.
b. transitive. To require (a document or other evidence) to be submitted to a court, deposition, or other proceeding.
ΘΚΠ
society > law > administration of justice > process, writ, warrant, or order > [verb (transitive)] > summon or issue summons against > subpoena
subpoena1640
subpoena1869
1869 Galaxy Oct. 532 In the celebrated Stephens wife-poisoning case,..he subpoenaed the works of Orfila on toxicology, to settle the question of ‘normal arsenic’ in the human system, and the book settled both the question and the poisoner, for it knocked from under him the last plank he had to stand on.
1931 Pop. Sci. Monthly Dec. 36/3 Their lawyer subpoenaed the records of the taxi company.
1977 Time 9 May 26/2 It [sc. a tape] was subpoenaed by Watergate Special Prosecutor Leon Jaworski.
1990 F. Dannen Hit Men (1991) xvii. 278 Two days later, a federal grand jury in New York..began to subpoena documents related to indie promotion.
2008 D. Thompson $12 Million Stuffed Shark 158 In 1997 the United States Department of Justice launched an investigation of what appeared to be a modern knockout ring, subpoenaing auction and phone records.
2. transitive. In extended use. To summon; to demand.
ΚΠ
1665 M. Stevenson Poems 104 Your blood refrains Your Cheeks, and lurks within Your veins. Untill it be suppena'd thence, By Your flajitious conscience.
1755 Ld. Chesterfield in World No. 151. ⁋1 I was lately subpœnaed, by a card, to a general assembly.
1817 W. Hazlitt Round Table xxiii. 65 We wish to subpoena the public to our characters.
1970 Daily Tel. 6 July 9/1 ‘How come a high-class doll like you gets mixed up in the Mission dodge?’ is a line that subpoenas a transatlantic twang.
1989 S. Plumpp Blues 93 Subpoenaed by tears dripping in silence.
This entry has been updated (OED Third Edition, June 2012; most recently modified version published online March 2022).
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