Which of the following is true about a subpoena?

Prepare for the NYLE Civil Practice and Procedure Test. Access flashcards and multiple choice questions, each with hints and explanations. Get fully prepared for your exam now!

A subpoena is a legal document that is a directive requiring individuals to appear as witnesses in a legal proceeding or to produce documents, records, or evidence relevant to a case. This formal obligation serves as an essential tool in the discovery process during litigation, ensuring that parties can gather necessary testimony and evidence to present their cases effectively in court.

Subpoenas can be issued in various forms, such as subpoenas ad testificandum, which compel the presence of a witness to testify, or subpoenas duces tecum, which require the production of documents and other tangible evidence. The enforceability of a subpoena underscores its significance in the judicial process, as failure to comply can lead to legal penalties or contempt of court charges.

The other options do not accurately describe the nature of a subpoena. They suggest a misunderstanding of its purpose, indicating either a disconnection from the litigation process or a mischaracterization of procedural mechanisms involved in civil practice.

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