What is a Subpoena

A subpoena is a legal order requiring a person to appear in court to testify or to produce documents and evidence in a legal proceeding.

A subpoena (from Latin meaning "under penalty") is a formal legal order issued by a court, grand jury, or other authorized legal authority requiring a person to:

• Appear and testify in court, before a grand jury, or in a deposition, or
• Produce documents, records, or other evidence relevant to a legal proceeding

Failure to comply with a subpoena without a valid legal reason can result in being held in contempt of court, which can lead to fines or even imprisonment.

Types of Subpoenas

Subpoena Ad Testificandum

This is a subpoena requiring a person to appear and testify — to give spoken testimony under oath in person. It compels attendance at:

• Court hearings and trials
• Grand jury proceedings
• Depositions (pre-trial testimony)

Subpoena Duces Tecum

This type requires a person or entity to produce documents, records, or other tangible evidence. It is commonly used to obtain:

• Business records
• Financial statements
• Emails and electronic communications
• Medical records (with appropriate protections)

Who Can Issue a Subpoena

• Courts — Judges can issue subpoenas during proceedings
• Attorneys — In many jurisdictions, licensed attorneys can issue subpoenas directly on behalf of their clients as part of the discovery process
• Grand juries — Have the power to subpoena witnesses and evidence
• Regulatory agencies — Agencies like the SEC, IRS, and Congress can issue subpoenas (congressional subpoenas)

Responding to a Subpoena

When served with a subpoena, a person should:

1. Consult an attorney immediately
2. Comply with the deadline specified in the subpoena
3. Object if there are valid legal grounds (e.g., attorney-client privilege, Fifth Amendment protection)
4. Not ignore it — non-compliance can lead to contempt charges

Subpoena vs. Summons

• A summons notifies a defendant that a lawsuit has been filed against them
• A subpoena compels someone (often a non-party) to testify or produce evidence