What is required for a subpoena to be issued towards a non-party witness?

For a subpoena to be issued towards a non-party witness, an attorney's request or a court order is required. This process is grounded in the need to ensure that the legal rights of all parties involved are safeguarded while allowing relevant witnesses to provide testimony or evidence that may be critical for the case.

The reasoning for this requirement is that subpoenas are formal requests for evidence or testimony and invoke the authority of the court system. An attorney representing a party can request a subpoena on behalf of their client, usually through a procedural mechanism established by the Civil Practice Law and Rules (CPLR). Alternatively, a court may issue a subpoena on its own initiative, demonstrating the court's role in overseeing such requests and ensuring they are legitimate and within the bounds of legal procedure.

The option that suggests only a written request from the court or just the consent of the witness does not account for the formalities and legal safeguards that are in place to protect parties from undue burden or irrelevant inquiries. Similarly, the need for a court’s approval after a hearing is not a standard procedural requirement for issuing a subpoena, as subpoenas can typically be issued without a hearing unless there are specific concerns about compliance or relevance that need to be addressed beforehand.