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PRODUCTION OF EVIDENCE: THE SUBPOENA

المؤلف:  Max M. Houck، Jay A. Siegel

المصدر:  Fundamentals of Forensic Science

الجزء والصفحة:  626

2026-09-08

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PRODUCTION OF EVIDENCE: THE SUBPOENA

The United States Constitution guarantees accused persons in a criminal case the right to confront all witnesses against them. A forensic scientist who examines physical evidence and reaches relevant conclusions is included within the definition of a witness. In order to summon a witness to offer testimony in a criminal or civil case, a subpoena is issued. The term “subpoena” comes from the Latin and means “under penalty.” A subpoena is an order issued under the direction of a court commanding the presence of a witness at a specific time and place to give testimony or other evidence. If a witness ignores a subpoena, he or she may be charged with being in contempt of court. In most cases, a subpoena must be delivered to the subject in per son, although sometimes a subpoena for a forensic scientist is mailed or delivered to the laboratory where the scientist retrieves it. Usually, a forensic scientist will receive a certain type of subpoena called a Subpoena Duces Tecum. This type of subpoena commands not only the presence of the witness in court but also any documentation or evidence in his or her possession that is material to the case. Thus the forensic scientist must bring in all laboratory reports as well as other related charts and graphs. This type of command carries with it the same potential penalties for disobeying as do other types of subpoenas.