What legal instrument is used to compel a witness to attend and testify or to produce documents?

• A. Affidavit
• B. Subpoena
• C. Writ of Habeas Corpus
• D. Deposition Notice

Answer: (B)

The key idea is knowing what instrument has the power to force someone to show up and give testimony or to bring documents. That power rests with the subpoena. A subpoena can require a person to appear and testify (subpoena ad testificandum) or to produce documents (subpoena duces tecum), and it is the formal command that a court or attorney can enforce. If someone ignores it, they can be found in contempt of court.

An affidavit is a sworn written statement used as evidence, not a command to appear or to produce records. A writ of habeas corpus challenges unlawful detention and isn’t about testifying or producing documents. A deposition notice signals that a deposition will occur and can set a time and place, but it doesn’t carry the same enforceable power to compel production of documents or to force appearance in court on its own; a subpoena provides that enforceable authority.