The statute doesn’t say subpoena, but a court order (there is a difference). Notice too that it gives the department latitude in responding to court orders as being from ‘competent jurisdiction.’ IOW, they could probably ignore out-of-state court orders.
The statute doesn’t say subpoena, but a court order (there is a difference). Notice too that it gives the department latitude in responding to court orders as being from ‘competent jurisdiction.’ IOW, they could probably ignore out-of-state court orders.
In any event, it would be nice if someone would at least try this method like 74 plaintiffs have tried civil suits thus far. None have succeeded but folks keep on trying.
I’d like to see someone try the criminal side as well as the civil side.
A subpoena is a writ issued by a government agency that has authority to compel testimony by a witness or PRODUCTION OF EVIDENCE, the agency most often a court, under a penalty for failure.
There are two common types of subpoena:
subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.
subpoena duces tecum orders a person to bring physical evidence before the ordering authority or face punishment.
Subpoena process
Subpoenas are usually issued by the clerk of the court in the name of the judge presiding over the case. Additionally, court rules may permit lawyers to issue subpoenas themselves in their capacity as officers of the court. Typically subpoenas are issued “in blank” and it is the responsibility of the lawyer representing the plaintiff or defendant on whose behalf the testimony is to be given to serve the subpoena on the witness.
The subpoena will usually be on the letterhead of the court where the case is filed, naming the parties to the case, and being addressed by name to the person whose testimony is being sought. It will contain the language “You are hereby commanded to report in person to the clerk of this court” or similar, describing the specific location, scheduled date and time of the appearance. Some issuing jurisdictions include an admonishment advising the subject of the criminal penalty for failure to comply with a subpoena, and reminding him or her not to leave the court facilities until excused by a competent authority. In some situations the person is paid.
Therefore, the Director of the Hawaii Department of Health, Dr. Chiyome Fukino as well as State of Hawaii Registrar of Vital Records, Dr. Alvin T. Onaka both can be subpoenaed and compelled to bring Obama’s original, long form, vault copy birth certificate with them.
Your honor, I rest my case!