Latin for Lawyers

SUBPOENA AD TESTIFICANDUM

SUBPOENA AD TESTIFICANDUM A more technical name for a subpeona. An order compelling attendance by a witness for the purpose of giving testimony. SUBPOENA DUCES TECUM Bring with you under penalty. The writ under which a witness is required not only to attend but also to produce books, papers, records and documents in his possession which may serve as evidence in a litigation. See DUCES TECUM SUB POTESTATE PARENTIS [L. sub + potestas / power, control + parens / parent, father, mother] Under the protection or control of a parent. SUBROGATE, SUBROGATION [L. subrogo , subrogare / to substitute one person for another; to put in place of] To substitute for or put in place of another. To substitute one creditor for another. To assume the rights of another with respect to a legal claim or debt. In a typical subrogation , a third party who has a right against one of the orig inal parties to a transaction or event steps into the shoes of that party to assert the rights of that party against the other party to the transaction. Subrogation occurs in construction contracts, insurance contracts, suretyships and guaran tees. Under a typical insurance contract, the insurer who has reimbursed its assured for his loss will be able to substitute for the assured in asserting and pursuing a claim against the party who caused the original loss. See SURROGATE SUB ROSA [L. sub + rosa / a rose] Literally “under the rose” (in ancient times, the rose was associated with secrecy). Secretly, covertly, privately. SUBSCRIBE [L. sub + scribo , scribere / to write] To write beneath. To write one’s own name; to sign. To sign at the bottom of a document to indicate assent, acceptance or approval. To attest or pledge. To support an organization or cause by promising to pay a sum of money or other thing of value. To pay for and agree to accept a series of issues of a pub lication, as a magazine or newsletter. To agree to accept and pay for a security issued by a corporation. A subscribing witness is a witness to the excecution of a document, e.g., a will or contract, who attests to its execution by placing his signature at the foot of the document.

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