[no-lexicon]What is the meaning of a subpoena?[/no-lexicon]

A subpoena is a written order, enforceable by a court, that requires you to do one or more of the following things: 

• Appear in court on a specific date to testify,
• Have your deposition taken on a specific date, or
• Provide specific documents in your possession to the requesting party by a specific date.

Judges and, typically, the clerk of the court have the authority to issue subpoenas. Depending on the rules of the specific court, attorneys may also have authority to issue subpoenas.

[no-lexicon]How many kinds of subpoenas are there?[/no-lexicon]

There are generally four types of subpoenas:

1. A subpoena for documents, which requires you to provide (or “produce,” in legal terms) specific documents or items relating to the lawsuit in which the subpoena was issued;
2. A deposition subpoena, which requires you to attend a deposition as a witness and answer questions under oath;
3. Trial or hearing subpoena, which requires you to appear at trial or hearing as a witness to testify under oath; and
4. A grand jury subpoena seeking documents, sworn testimony, or both. Prosecutors use grand jury subpoenas to gather evidence to determine whether crimes have been committed.

[no-lexicon]What will a subpoena say?[/no-lexicon]

A valid subpoena has:

• The name of the court in which the subpoena was issued;
• The caption/title of the case proceeding or other cause of action; 
• The case number;
• Information about what the subpoena requires you to do, including whether the subpoena requires your appearance in court or at a deposition, or whether the subpoena is for documents only; and
• The name, address, and telephone number of the attorney for the person or entity requesting your testimony and/or documents in the subpoena.  

If the subpoena requires you to appear in court, it should also include a check for witness and mileage fees.

If the subpoena requires your appearance in court or at a deposition, it will also list the data, time, and location when your appearance is required.

If the subpoena requires you to provide documents, it will describe what specific documents or categories of documents you must provide (if they exist).

Rules differ depending on the specific court, but a valid subpoena will typically have been either delivered to you by hand (often by a sheriff or a process server) or delivered by return-receipt certified or registered mail. Typically, subpoenas must provide a reasonable time to comply with the requests.

[no-lexicon]What are my options after receiving a subpoena?[/no-lexicon]

[no-lexicon]Do not ignore the subpoena. Doing so could result in charges of contempt of court, fines, and even jail time. It is important that you do not destroy or hide information that is requested in a subpoena. There are two options to consider when determining how to proceed after receiving a subpoena.

Comply with the subpoena [/no-lexicon]

If you decide to comply with the subpoena, you should appear in court or at the deposition at the requested time and, if requested, produce the specific documents identified in the subpoena to the requesting person or their attorney.

If you are unclear about what the subpoena requires of you or you are not available to appear on the date requested because of work or other obligations, you may also call the attorney who issued or requested the subpoena to ask for clarification and whether there is any flexibility in the date.

[no-lexicon]File a motion to quash or modify the subpoena[/no-lexicon]

You may be allowed to file, with the court, an objection to the subpoena (known as a “motion to quash”) or modify the subpoena if you have a reasonable cause. To do this, you would need to file a written motion with the court that explains why you should not be required to comply with the subpoena. You would also need to provide a copy of that motion to the attorney for the person or entity that issued the subpoena. The judge would then decide whether you must comply with the subpoena.

What is considered “reasonable cause” differs by court but may include:

• The subpoena is too broad and complying with it would be unreasonably burdensome;
• The subpoena seeks information about matter that are not relevant to the case;
• The subpoena was not properly served on you;
• The subpoena requires you to travel to another state or county for your deposition; or
• You are a witness who is not a party to the case and the subpoena requires you to appear in court, but you were not paid witness or mileage fees.