The Subpoena Act

The Subpoena Act

An act to standardize and support the use of subpoenas in the judicial system and courts-martial.

AUTHOR: Lady Evelynn Greene, Duchess of Storm’s Reach

SPONSORS: Sir Ismond Laldere, Count of Wanduke; Marshal Adroby Relindor, Count of Courtland;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the House of Nobles, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Glossary of terms
 * 1) A “subpoena” shall be defined as a document utilized to call upon a witness.

2 Application
 * 1) A subpoena may be utilized to call upon a witness to provide witness testimony through deposition (oral or written).
 * 2) A subpoena may be issued to call upon a witness to court, to provide testimony or evidence during trial.
 * 3) A subpoena may not be used as a replacement for an arrest warrant; parties compliant with a subpoena are not in custody.
 * 4) A subpoena may be written by a barrister.
 * 5) The document shall include all necessary information for the summoned party to understand what is being requested of them.
 * 6) All subpoenas shall require the approval of a relevant authorized party. This includes a magistrate, a military judge, the Lord High marshal, the Lord High Constable, or the Lord High Steward.

3 Delivery
 * 1) A subpoena may not be delivered by post, official or otherwise, but instead must be delivered by hand to the summoned party.
 * 2) A magistrate or military judge may select an objective individual to deliver a subpoena, including but not limited to: official couriers of the court, court clerks, a member of His Majesty’s Constabulary, or a member of His Majesty’s Armed Forces.
 * 3) Upon delivery, the summoned party should sign; it should immediately be documented the date and time the subpoena was presented to the summoned party, and filed with the magistrate or military judge for record keeping.

4 Enforcement
 * 1) Should a summoned party fail to appear or respond to a subpoena, a warrant for their arrest may be issued by the presiding magistrate or military judge.
 * 2) A magistrate or military judge may choose to retract or alter a subpoena, or make an exemption, if extenuating circumstances have been noted and filed by written word with the court.

5 Short Title and Commencement
 * 1) The short title of this act shall be “The Subpoena Act”.
 * 2) The provisions of this act shall come into force immediately.

'''[OOC notation: section 4 subsection 2 is intended not only for IC purpose, but to also protect players from being ICly punished for OOC unavailability. Just keep in mind that communication is key!]'''