Very few people enjoy opening the door to find they are being served court papers, but some papers are less concerning than others. A subpoena, for example, is a different type of court order because it doesn’t mean that you are a direct defendant or plaintiff in a legal dispute. If you do ever receive a subpoena, it’s important to understand what it means and how you should respond.
What Exactly Is a Subpoena?
A subpoena is simply a request for something court related, typically either a request for documents or a request to appear in court. This means you may need to testify in court about a person or event. The most critical thing to understand about a subpoena is that it is not optional. It is a court-ordered command that requires you to take the actions outlined in the document handed to you by a process server.
Reasons You Might Receive a Subpoena
A subpoena is most commonly used to help attorneys obtain information that will prove or disprove an important claim in court. In criminal cases, subpoenas gather witnesses and professional opinions, whereas in a child custody hearing a subpoena could be used to make the other spouse appear in court or gather character references. Subpoenas can even be delivered to gather specific information like DNA samples, blood test results, medical bills, income tax returns, employee records, and more.
Responding to a Subpoena
First and foremost, do not ignore a subpoena. It is a legal document that requires a response. Just read through the subpoena to understand what is being requested of you and if you need to appear in court on a certain date. When you are served a subpoena, the papers will outline the person requesting the information and for what purpose, so you can prepare accordingly for any testimony you may need to provide. Note that failing to meet the requirements of a subpoena is considered criminal contempt because it hinders the judicial system, and may result in a fine or even imprisonment.
