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What is a subpoena?
Subpoenas are legal documents that calls upon a certain person to testify (in deposition or court) as a witness at a specific date, time, and location. They can be issued by an attorney, an individual, or even a government agency. They are time-sensitive and must be confirmed by the person subpoenaed by a certain date. Often times, the person subpoenaed has to produce documents and/or evidence for the legal proceeding.
What are the different types of subpoena?
- Witness Subpoena: requires a person to appear in court to testify on a specific date.
- Subpoena Duces Tecum: means “subpoena for production of evidence.” The person subpoenaed must produce documents or records that are relevant to a case. Can be done through mail or email if arranged in advance.
- Deposition Subpoena: requires a person who is not involved in the lawsuit to provide copies of business records, or appear at a deposition to answer questions.
What is a “Service of Process?”
The “service of process” is the term for the delivery of a court order to an individual or company. This could be a subpoena or a “summons and complaint” that initiates a lawsuit. This requests the person appears in court to defend oneself (and/or documents to be delivered).
What are the penalties if a subpoena is not complied with?
If the subpoena is not responded to, a hearing is held for the person charged with noncompliance. Punishments for noncompliance could be monetary sanctions or even imprisonment. It is best to save oneself the time and money that is spent on court proceedings and oblige to the subpoena.
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