Getting subpoenaed is a stressful but necessary experience. The legal system relies on various testimonies and court recordsto reach a fair conclusion, and subpoenas ensure the right people are present to provide context.
There are several types of subpoenas, and you may be unsure how to respond. Recognizing the difference between subpoena types and how they're used is essential to performing your role in court.
What is a Subpoena?
A subpoena is a legal order compelling an individual to testify at a deposition or trial. They may also be asked to provide evidence relevant to the case. A subpoena can be issued by judges, court clerks, and attorneys, but they're not responsible for delivering the order.
It's important to note that a subpoena is not an invitation or suggestion. You must appear even if you don't know how you're connected to the case. If you ignore the summons, you can be charged with refusing to obey the court. The penalty for this offense varies according to the situation.
Main Types of Subpoena
There are three ways to define a subpoena, with the type determining your responsibilities and scheduling in the case. The types are witness subpoenas, subpoenas duces tecum, and deposition subpoenas.
Witness Subpoena
As its name suggests, a witness subpoena compels an individual to testify as a witness. The judge gives the order if the case requires further evidence or to support details of previous testimony. Expert witnesses may also be subpoenaed but are often hired or retained by the law firm.
Complying with a witness subpoena typically requires the individual to appear in court on a specified date and time.
Subpoena Duces Tecum
Subpoena Duces Tecumtranslates to a "subpoena for production of evidence." This order requires an individual or entity to provide the court with documents, records, physical items, or other relevant evidence.
This type of subpoena typically occurs before the official court date. It helps expedite discovery and is used when specific evidence is referenced and required to verify an argument. The subpoena will include details on the requested evidence and a deadline for their production.
Deposition Subpoena
A deposition subpoenainstructs an individual to testify at the deposition hearing. This pretrial phase allows for more informal testimony, allowing attorneys to gather information from witnesses before entering court.
Deposition testimonies are still under oath despite taking place outside the courtroom. Rather than scheduling an appearance date, the served party has a set number of days to respond to this subpoena type.
How Is a Subpoena Legally Served?
In legal terms, "serving" refers to the proper delivery of a court notice. The courts maintain a strict process that must be followed, or the delivery is moot. However, unlike many served papers, a subpoena doesn't always require the served party's signature to be valid.
Methods of Serving a Subpoena
Standard methods of serving a subpoena include:
- Personal Delivery: This option involves hand-delivering the papers and getting confirmation immediately. Some jurisdictions will allow a verbal delivery of the subpoena.
- Mail delivery: The court or your attorney sends the subpoena through a certified mail service.
- Email Delivery: Emailed subpoenas are allowed if the served party has agreed to the option beforehand. The courts will also allow several additional days for the individual to respond.
Unlike other court orders that anyone over the age of adulthood can serve, subpoena delivery is often restricted to certain positions, such as law enforcement, court staff, or third-party services.
What Makes a Subpoena Invalid
Subpoenas, like most court notices, are invalid if they were not delivered to the court's satisfaction. Other potentially invalidating factors include:
- Misnaming the served party
- Issued without proper authority
- Excessive travel distance to comply
- The evidence requested is too broad or privileged
Improper service of a subpoena can lead to its dismissal, and the issuing party may need to correct and reissue it to ensure compliance. In some cases, the subpoena may be reconsidered.
Responding to a Subpoena
Responding to any court systemprocess is challenging, especially if it's your first experience in the setting. Just because you got an official court letter, it doesn't mean that your rights have suddenly disappeared.
Legal Obligations and Rights
Under normal circumstances, served parties are expected to make every reasonable effort to comply with the subpoena. However, they retain subpoena witness rights like the right to legal counsel or to challenge the court order.
The subpoena must provide enough information to explain their role in the case. This is known as understanding the "scope of the subpoena" and will inform the served party about what evidence to prepare and how much time is expected from them.
Additionally, many courts hold witnesses to the same standards as the primary parties. This means respecting the case and the judge by dressing appropriately and exercising polite conduct.
Possible Responses to a Subpoena
Recipients may respond to a subpoena by complying with the order or moving to modify or quash. When choosing the latter response, the served party must file the motion before the subpoena's stated deadline.
There are many valid grounds to challenge, including:
- Applies an undue burden to comply
- Insufficient time to respond
- Requesting confidential information
The judge will decide whether to alter the subpoena's scope or quash (invalidate) the order. If you aim to challenge the court, it's best to consult a legal professional about your unique situation.
What Happens If You Ignore a Subpoena
Generally, barring a comatose state, ignoring a subpoena is never acceptable. You must contact the courts with your motion to modify or quash the subpoena before the scheduled date.
It's highly recommended that you inform the court clerks even if you were not served according to the court's standards.
Legal Ramifications
Ignoring a subpoena could pull you deeper into a court caseyou had little to do with. Failure to appear will likely lead to being found in Contempt of Court, leading to fines or imprisonment, depending on the severity of the case.
However, the situation worsens if you're one of the litigants. A non-compliant plaintiff or defendant may face a default judgment or become liable for the opposing side's legal costs.
Impact on Legal Proceedings
Failure to comply with a subpoena can adversely affect the case. The absence of a witness or critical evidence will obstruct the court's ability to establish the facts of the case. Withheld or unverified information reflects unfavorably on the non-compliant party and may cause the judge and jury to develop a negative bias.
Going to court is a great inconvenience, especially if you're not one of the litigants. However, the cooperation of citizens with helpful evidence is vital to the pursuit of a just decision.
However, you do have the option to modify or quash the order under certain circumstances. The best way is to prove to the court that the order is unnecessarily difficult or you cannot fulfill it.
Regardless of what you choose, knowing the types of subpoenas and your obligations will make the process far less stressful. Answering a subpoena is a small part of the overall case and not worth the potential penalties for ignoring the order
