A subpoena is a legal order. It is a physical document that orders a person to appear in court to testify or to produce documents or other types of evidence. There are many different types of subpoenas, and a specific process must be followed to obtain one.
Since a subpoena is an official order from a judge, there are consequences for ignoring it. If you are ever served a subpoena, you should immediately call a lawyer. An attorney can help you understand the subpoena, what to do, and your legal rights.
Types of Subpoenas
There are many types of subpoenas.
Some subpoenas are used exclusively in civil court, and some are used in both criminal and civil cases.
Witness Subpoena
A witness subpoena is sometimes referred to as a subpoena ad testificandum. This subpoena orders a witness to appear in court to testify. This type of subpoena can be used in civil or criminal court.
A witness subpoena can be used to call a witness to testify at trial, pretrial hearings, during a grand jury, or even before a legislative body, such as Congress.
Subpoena Duces Tecum
A subpoena duces tecum is an order to produce documents or tangible evidence. It can be used in either civil or criminal court.
This type of subpoena is often issued in preparation for trial, allowing the defense or prosecution to gather additional evidence.
A subpoena duces tecum can be used to acquire:
- Medical records
- Cell phone records
- Emails
- Financial records
- Video or photographic evidence
It can also be used to get tangible evidence, but this is far less common.
Deposition Subpoena
A deposition subpoena is almost exclusively used in civil court. It orders a person to testify during a deposition in preparation for trial.
Who Can Issue a Subpoena?
There are many parties with the authority to issue a witness subpoena. This commonly includes:
- A magistrate
- The county attorney
- Attorney general
- Prosecutor
- Clerk of the court in some cases
- Grand jury
- The criminal defendant or their lawyer
Furthermore, both the prosecutor and the defense can also request a subpoena duces tecum for documents and records. If the defendant requests documents via subpoena duces tecum, then they must provide a copy to the prosecutor.
This notice allows the prosecutor to object to the subpoena.
Steps To Getting a Subpoena
Most subpoenas are a standard document that is filled in and then served on the intended party. To get a subpoena, the issuer must first fill out the subpoena.
The subpoena usually has relevant information about the case, such as the:
- Name of the parties
- Jurisdiction
- Case number
- Purpose of the subpoena (either for documents or testimony)
- Date to produce documents or to appear in court
After filling out the subpoena, the issuer will make copies and file the subpoena with the clerk of the court where the case is pending. In some cases, they may need to pay a small fee.
The most critical step is to make sure that the subpoena is properly served on the intended party. Proper service shows the court that the witness received the subpoena and adequate notice of the court date. If they fail to comply with the subpoena, they cannot argue that they didn’t know about it.
Service can be either in person by someone uninvolved over 18 years old, or by certified mail. It is common in criminal cases for the sheriff’s department to serve a subpoena on the defendant or prosecutor.
Can You Ignore a Subpoena?
You cannot ignore a subpoena that was lawfully ordered and served. There are serious consequences for ignoring a subpoena.
A subpoena is a court order. If you fail to comply with the subpoena, you could be held in contempt of court. Contempt of court means that you failed to comply with a legal order. If you are held in contempt, you could face fines or even jail.
A Criminal Defense Attorney Can Help
If you receive a subpoena but don’t want to go to court, you need to contact a criminal defense lawyer. There may be cases where an attorney can file a motion to quash the subpoena. This means that your lawyer asks the court to dismiss or modify the subpoena.
A lawyer may ask the court to quash the subpoena because it was illegally obtained, is inadequate, or there is an unreasonable time for compliance. Another common situation is when a subpoena seeks privileged information, such as ordering an attorney to testify about their client.
However, a motion to quash must be filed within 14 days of receiving the subpoena. You can’t wait until the day of court to try to get it invalidated. It is best to speak with a lawyer immediately after getting served so that you have time to fight it without risking a contempt charge. Reach out to Katsarelis Law Criminal Defense Attorneys for further assistance, you can contact us online or call (520) 510-0439.