What Is a Subpoena? Types, Consequences, and More

A fundamental question often arises in legal proceedings: “What is a subpoena?” This essential legal instrument serves as a court’s formal directive, compelling individuals to participate in proceedings by providing testimony or documentation. This guide delves into the intricacies of subpoenas, exploring their types, issuance, consequences of non-compliance, and essential guidelines for response.

What is a subpoena?

In legal proceedings, the testimony of victims or witnesses holds significant weight. When their presence is required in court, they are often summoned via a subpoena, a formal written order. During court proceedings, witnesses are questioned about their observations, and their responses are considered testimony, which can serve as crucial evidence in the trial.

Subpoenas can take various forms, with the most common being the summoning of witnesses to testify. Alternatively, some subpoenas require merely producing documentation.

What is in a subpoena

A valid subpoena should include the following content:

• The name of the court issuing the subpoena
• The name, address, and contact details of the attorney who initiated the subpoena
• The names of the parties involved
• The assigned case docket number

Types of subpoenas

Witness subpoena

A witness subpoena is a legal document that mandates an individual’s presence in court on a specified date to provide testimony under oath as a witness. Its purpose is to ensure the presentation of crucial testimony, aiding in the fact-finding process and contributing to establishing the truth in a legal case.

Subpoena duces tecum

A subpoena duces tecum is a court-issued order compelling the person being subpoenaed to present evidence, such as documents or records, at a designated time and place during a court hearing. This typically occurs as part of the pre-trial discovery process. The Latin phrase “duces tecum” translates to “bring with you.”

Deposition subpoena

A deposition subpoena is a legal directive compelling a non-party to provide copies of records and/or attend a deposition. During the deposition, the non-party is required to answer questions posed by one of the parties involved in the litigation.

Who issues a subpoena?

Judges and magistrates: Subpoenas are commonly issued by the presiding judge or magistrate overseeing the case. This legal mechanism allows the court to gather all essential information, ensuring a fair and just verdict.

Attorneys: Attorneys have the authority to serve subpoenas and compel witnesses to testify or provide necessary documents on behalf of their clients during court proceedings.

Administrative agencies: Government regulatory agencies and investigative commissions may issue subpoenas to acquire information or testimony related to regulatory compliance matters.

Clerks of court: In certain jurisdictions, court clerks or administrators are granted the authority to issue subpoenas. This streamlined process, often used for summoning jurors, facilitates the timely and efficient handling of legal proceedings.

What to do after the subpoena is issued

• Upon receiving a subpoena, it’s crucial to review its contents thoroughly. A subpoena may require you to present specific documents or information. So, if you have any relevant documents, keep them safe.
• Ensure you know who is seeking the information and the intended purpose. Understanding these details will help you prepare to give testimony, if necessary.
• Look for a hearing date and time specified in the subpoena.
• Failure to appear in court after being subpoenaed can result in being held in contempt of court, potentially leading to a warrant being issued for your arrest. Therefore, it’s crucial to comply with the subpoena and attend the court hearing as required by law.
• Consult an attorney. Legal professionals can guide you through the entire process.

How to respond to a subpoena

1. Responding timely and appropriately: Ignoring a subpoena is not an option. Understanding that you have a limited timeframe to object to most subpoenas is critical. In many situations, the failure to object to a subpoena within 7 to 14 days of receiving the subpoena can waive your right to object in the future. Time periods can vary depending on the jurisdiction and situation, but the subpoena itself will state the time period for responding. To safeguard your rights, respond promptly and appropriately to the subpoena in accordance with court procedures. Failing to respond correctly can lead to serious consequences, including fines, contempt charges, or loss of rights.
2. Maintaining confidentiality: Maintain strict confidentiality regarding the subpoena and any associated legal matters. Only discuss them with your attorney. If the subpoena is related to your company, refrain from discussing it or the underlying lawsuit or investigation with individuals outside the company who do not have a legitimate need to know. Any communication about these matters may be used against you during legal proceedings
3. Preserving documents: Preserve all documents and information relevant to the subpoena. Whether you agree with its demands or not, it’s essential to retain all requested materials. Failure to adhere to these procedures may result in legal consequences.
4. Objecting appropriately: Object to the subpoena when appropriate, particularly if it involves disclosing confidential, proprietary, or sensitive information, such as trade secrets or confidential customer data. Your attorney can challenge the subpoena and request protection for your confidential information.

Consequences of ignoring a subpoena

• Contempt of court: Ignoring or refusing a subpoena commonly results in being held in contempt of court. Contempt of court occurs when someone deliberately violates a court order. It can lead to fines, imprisonment, or other penalties.
• Financial penalties: Individuals who refuse to comply with subpoenas may face financial penalties. These penalties often include fines aimed at encouraging compliance.
• Default judgment: In civil cases, failure to cooperate with a subpoena can result in a default judgment against the non-compliant party. This is akin to what occurs when someone fails to attend a court hearing – the court may rule against them.
• Additional legal costs: Ignoring a subpoena may escalate legal expenses. The non-compliant party might be required to cover the opposing party’s legal costs, including attorney’s fees and expenses incurred during the subpoena enforcement process.

Seek guidance from an attorney

If you have received a subpoena, seeking guidance from an attorney is crucial. An attorney can help you understand your legal obligations and may negotiate with the issuer to reduce the scope of the subpoena, ensuring that your rights are protected throughout the legal process.

FAQs

What is a subpoena?

A subpoena is a formal directive compelling an individual to appear before a court or in some other legal proceeding and provide testimony or documentation. It plays a pivotal role in ensuring the fairness and justness of the legal process.

Who can issue a subpoena?

• Judges and magistrates
• Attorneys
• Administrative agencies
• Clerks of court

What should I do if I receive a subpoena?

Upon receiving a subpoena, thoroughly review its contents and protect any relevant documents. Know who is seeking the information and the purpose behind their request. Note the hearing date and time specified. Failure to appear may result in contempt charges. Consult with an attorney for guidance throughout the process.

What happens if I ignore a subpoena?

If you receive a subpoena, it's essential to promptly contact an attorney to ensure a proper response and protect your legal rights.

What is the deadline for responding to a subpoena?

The deadline to respond will be stated in the subpoena. It can vary depending on the jurisdiction and the situation, but a common response deadline is anywhere between 7 and 14 days. If you fail to respond by the deadline, you may lose your right to object to any part of it in the future.