Who has authority to issue a subpoena?

• A. The judge only.
• B. The judge, the court clerk, and the deputy clerk.
• C. The defendant.
• D. The prosecutor.

Answer: (B)

Subpoenas are official court orders that compel someone to appear or to produce documents. The power to issue this order comes from the court, and it is exercised by court officials under the judge’s direction. The judge signs or approves the subpoena, and the court clerk—often with deputies—handles the actual issuing and serving of the document. That combination of judge’s authorization plus court staff carrying out the issuance is why the authority to issue a subpoena lies with the judge, the court clerk, and the deputy clerk. A defendant or a prosecutor doesn’t have independent power to issue subpoenas; they can request that the court issue one, but the document itself is issued by the court or its officers.