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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5905 (2026)

 Subpoenas.

✓ current as of May 2026
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§ 5905.  Subpoenas.

Every court of record shall have power in any civil or criminal matter to issue subpoenas to testify, with or without a clause of duces tecum, into any county of this Commonwealth to witnesses to appear before the court or any appointive judicial officer. Subpoenas shall be in the form prescribed by general rules.

(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

1980 Amendment.  Act 142 added section 5905.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1985–2024 · leading case: In Re Search Warrant B-21778, 521 A.2d 422 (Pa. 1987).
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In Re Search Warrant B-21778, 521 A.2d 422 (Pa. 1987). · cites it 2× “The Court correctly pointed out that a judicial subpoena pursuant to 42 Pa.C.S. § 5905 1 may not be issued absent a pending proceeding.”
In Re Search Warrant B-21778 Gartley, 491 A.2d 851 (Pa. 1985). · cites it 2× “Instead, the trial court referred to “less intrusive” means by which the same information could be acquired, specifically a subpoena duces tecum pursuant to 42 Pa.Cons.Stat. § 5905, or as issued by an investigating grand jury.”
Commonwealth v. Miller, 593 A.2d 1308 (Pa. Super. Ct. 1991). “42 Pa.C.S. § 5905. With respect to criminal matters, the rules of criminal procedure set forth the contents of a subpoena.”
Mulligan v. Piczon, 739 A.2d 605 (Pa. Commw. Ct. 1999). “42 Pa.C.S. § 5905; Pa.R.C.P. No. 234.1-234.”
Cohen v. Pelagatti, 493 A.2d 767 (Pa. 1985). “They had been obtained from the Philadelphia prothonotary in the form required by 42 Pa.C.S. § 5905 and Pa.R.C.P. 1357 but had been altered.”
Ruby v. Delta Int'l Mach. Corp., 50 Pa. D. & C.4th 80 (2000). · cites it 11× “Issuance of Subpoenas The issuance of subpoenas is governed by 42 Pa.C.S §5905, and states, “Every court of record shall have power in any civil or criminal matter to issue subpoenas to testify, with or without a clause of duces tecum into any county of this Commonwealth to…”
Ray, N. v. Penske Logistics (Pa. Super. Ct. 2022). “See 42 Pa. C.S. § 5905 (“Every court of record shall have power in any civil or criminal matter to issue subpoenas to testify .”
Manivannan v. U.S. Dep't of Energy (W.D. Pa. 2024). “See 42 Pa. C.S. § 5905 (“[e]very court of record shall have power in any civil or criminal matter to issue subpoenas to testify, with or without a clause of duces tecum, into any county of this Commonwealth to witnesses to appear before the court or any appointive judicial…”
Com. v. Ovalles, J. (Pa. Super. Ct. 2015). “Specifically, the trial ____________________________________________ 3 See 42 Pa.C.S. § 5905 (“Every court of record shall have power in any civil or criminal matter to issue subpoenas to testify, with or without a clause of duces tecum, into any county of this Commonwealth to…”
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