George Galgano on Subpoenas

A subpoena is an important legal document – one that needs to be looked at carefully and requires some action. An individual, who is served with a subpoena, is required to appear in court, at a deposition, or other legal proceeding. He must give testimony, information, or bring certain documents. A person who doesn’t follow the directions on the subpoena may be subject to legal penalties such fines or jail time.

Two types of subpoenas

One kind of subpoena is called subpoena ad testificandum. The person named on the subpoena must testify before a court or be present for a deposition to give information. A Subpoena ducus tecum requires a person to bring specified documents, material, or other tangible evidence to be presented in court. These subpoenas are commonly used in divorce, child custody and personal injury cases.

Purpose of subpoenas

Subpoenas allow lawyers to get information that may help with their client’s case. Information and testimony, as well as documents and materials in both civil and criminal cases, help with settlement of the case or proving guilt or innocence. Requests can be made for DNA samples, medical bills, photos and employment records.

Serving a subpoena

Before a subpoena is served, it must be signed by an attorney or by an administrative law judge. There are a number of ways it can be served. It may be hand-delivered, E-mailed, sent by certified mail, or read aloud to the recipient.

Response to a subpoena

An individual should never ignore a subpoena. Read the document thoroughly and determine who is asking for information and the reason. If you don’t bring the documents that are asked for, it can slow down the legal process. Note the date you need to be present. 

Compliance to a subpoena

If a person doesn’t comply with the terms set out in the subpoena, they are subject to contempt and may be subject to fines or jail.

When a person receives a subpoena, they need to realize that it is an official document. It needs to be carefully read to know what needs to be brought to court and why it is necessary. The date and time one needs to appear to give testimony must be noted. If any individual doesn’t understand the terms of a subpoena, a lawyer can give you answers. Failure to comply with the terms of any subpoena can result in fines or jail.