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Understanding Subpoenas and Their Purpose

A subpoena is a legal document that orders a person or organization to do one of two things: provide testimony in court or provide documents and evidence. The word comes from Latin and means "under penalty." This is important because ignoring a subpoena can result in serious legal consequences, including fines or jail time. Understanding what a subpoena is and why someone receives one is the first step in knowing how to respond appropriately.

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There are two main types of subpoenas. A subpoena ad testificandum requires a person to appear in court and give sworn testimony. A subpoena duces tecum requires a person to bring specific documents, records, or physical evidence to court. Both types carry legal weight and must be taken seriously. The person or organization serving the subpoena — usually an attorney or court official — is required to follow specific procedures to make sure it's delivered properly.

Subpoenas are used in civil cases, criminal cases, and before grand juries. In a civil case, one party in a lawsuit might subpoena a witness or documents from the other side. In a criminal case, either the prosecution or defense might subpoena witnesses. A grand jury, which investigates whether enough evidence exists to charge someone with a crime, may also issue subpoenas. Understanding the context and type of subpoena you've received helps you know what steps to take next.

People receive subpoenas for many reasons. You might have witnessed something relevant to a case. You might work for a business that has records needed as evidence. You might be an expert in a field and asked to testify about your knowledge. Medical professionals, accountants, teachers, and many other types of workers regularly receive subpoenas. Even if you're not directly involved in a case, your information or records might be important to the outcome.

Practical Takeaway: Treat any subpoena as a serious legal matter. Do not ignore it. The consequences of not responding can be severe, regardless of whether you believe you have relevant information. If you receive a subpoena, your first step should be to understand its type and what it requires you to do.

How Subpoenas Are Served and What That Means

Service of a subpoena means it has been delivered to you in a legally correct way. Different jurisdictions have different rules about how subpoenas must be served, but there are common methods. Someone — often called a process server — may hand it to you in person. This is called personal service and is the most common method because it proves you actually received the document. A process server is a neutral person whose job is simply to deliver legal papers; they are not police or government agents.

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Subpoenas can also be served by mail, email, or other methods depending on the rules in your state or the type of case. Some subpoenas are served on businesses through a manager or designated person. If you work for a company and the subpoena is for business records, your employer might receive it on behalf of the company. It's important to know that service doesn't have to happen in a dramatic way — it might be as simple as someone handing you an envelope or mailing you documents.

When you're served with a subpoena, you should receive a complete copy of the document along with information about where and when you need to appear or what documents you need to provide. The subpoena should include the name of the court, the case name and number, the names of the parties involved, and specific details about what's being requested. It should also include a date and time for compliance. Read the entire document carefully because missing details can lead to serious problems.

One common question is whether you can refuse service of a subpoena. The short answer is no — you cannot legally refuse to accept a subpoena. Refusing to accept it doesn't make it go away. The process server may leave it with you, at your home, at your workplace, or with another adult at your residence. If you receive a subpoena, accept it and then determine what steps you need to take to comply.

Practical Takeaway: When you receive a subpoena, read it completely and note all the important details including the case name, court name, date and time of appearance, and what documents or testimony is required. Keep the subpoena in a safe place and do not throw it away. If you're unsure about anything in the document, write down your questions.

Steps to Take After Receiving a Subpoena

Your first action after receiving a subpoena should be to read and understand it completely. Set aside time to read through the entire document, not just the first page. Identify the type of subpoena, what court it comes from, when compliance is due, and what specifically is being requested. Write down any terms you don't understand so you can research them or ask about them. This initial reading gives you the information you need to plan your next moves.

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Your second step should be to determine whether you might have grounds to object to the subpoena. Grounds for objection vary by jurisdiction and case type, but common reasons include that the request is too broad, that it asks for information protected by attorney-client privilege, that it asks for medical or mental health information without proper authorization, or that it would cause undue hardship. If you believe you have legitimate grounds to object, you should learn about how to file an objection in your jurisdiction and the deadline for doing so.

If you do not object or if your objection is not granted, you must comply with the subpoena. For a subpoena ad testificandum (requiring testimony), you must appear at the specified date, time, and location. For a subpoena duces tecum (requiring documents), you must gather the requested materials and produce them by the deadline, either by bringing them to court or providing them to the attorney who issued the subpoena. Compliance is not optional — it is a legal obligation.

You should also consider whether you need professional guidance. If you're unsure about how to respond, whether you can object, or how to gather and organize requested documents, consulting with an attorney can be valuable. Even if the case doesn't directly involve you, an attorney can explain your rights and responsibilities. Many attorneys offer consultations at low cost or for free. Some people receive subpoenas in connection with their employment; in that case, your employer may provide guidance or cover the cost of legal advice.

Practical Takeaway: Create a timeline for yourself. Write down the date you received the subpoena, the date by which you must comply, and any deadlines for objections. Then identify what you need to do: gather documents, prepare testimony, arrange travel, or request time off work. Plan backward from the compliance date so you have enough time to complete everything required.

Handling Subpoenas for Documents and Records

When you receive a subpoena duces tecum — one that asks for documents or records — you need to understand exactly what documents are being requested. The subpoena should describe the documents with enough detail that you know what to look for. Sometimes it asks for a specific document by name, like "all emails between January 1, 2022, and December 31, 2022." Other times it's broader, like "all documents relating to the contract between Company A and Company B." Read the request multiple times to make sure you understand the scope.

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Once you understand what's requested, you need to search for and locate those documents. If you work for an organization, inform the appropriate person — perhaps the legal department, records department, or your manager — that you've received a subpoena. Large organizations often have procedures for handling subpoenas. If you're searching your personal records, check your files, email accounts, text messages, cloud storage, and any other places where relevant documents might be stored. Be thorough because if you fail to produce something that exists, you could face legal consequences.

As you gather documents, organize them in a logical way. Many subpoenas ask for documents produced "in the form and manner in which they are kept in the usual course of business," which means you don't need to do complex reorganization. However, you should number the pages sequentially and keep them in order. If you're producing a large number of documents, create an index that lists what you're producing. Some attorneys request that documents be produced in specific ways — perhaps on a certain date, at a certain location, or in a particular format. Follow these instructions exactly.

Before you hand over any documents, consider whether any of them might be protected from disclosure. Certain types of information cannot be produced even under a subpoena — for example, communications between you and your attorney, medical