A subpoena is a court-backed order to appear as a witness or to hand over documents. It is serious, but receiving one does not mean you did anything wrong.
Two main types
- A subpoena to testify requires you to appear at a trial, hearing or deposition.
- A subpoena for documents, sometimes called subpoena duces tecum, requires you to produce records or other items.
What to do first
- Read it carefully and note the date, place, who issued it and what is requested.
- Confirm it was properly served and issued in a real case.
- Do not ignore it. Failing to comply can lead to contempt of court.
- Preserve every document that could be covered. Do not delete or destroy anything.
- Contact the issuing party or a lawyer promptly about timing and scope.
If you object
You may be able to ask the court to quash or modify a subpoena that is overly burdensome, seeks privileged information such as attorney-client communications, or was improperly served. Objections have deadlines, so act early.
Witness fees and rights
Witnesses are typically entitled to a modest fee and mileage. If your answers could incriminate you, you may have the right to refuse under the Fifth Amendment. Consult a lawyer before testifying in that situation.
Frequently asked questions
Is a subpoena the same as being sued?
No. You can be subpoenaed as a witness in a case that involves other people.
Can I just email the documents?
Ask the requester or your lawyer. Methods of production are usually agreed on or set by the court.