Subpoena comes from the Latin “Sub” (under) and “poena” (penalty). Black’s Law Dictionary defines the word as ” A process to cause a witness to appear and give testimony, commanding him to lay aside all pretenses and excuses, and appear before a court or magistrate therein named at a time therein mentioned to testify for the party named under a penalty therein mentioned.”

A subpoena is issued by the clerk of the court where the appearance of the witness is required, upon the application of the attorney for the party requesting the subpoena.