A subpoena might sound like something that belongs strictly in episodes of Law & Order, but the truth is that you might find yourself served with a subpoena without expecting it. Since subpoenas come in many different forms and are governed by specific laws, it might be helpful to understand the basics.
What is a Subpoena?
At its most basic form, a subpoena is a court-ordered demand to do some specific action. There are two main types of subpoenas: the kind that requests that you provide a specific document, and the kind that requests your appearance in court to testify or provide some type of information. The majority of subpoenas relate to divorce, child custody, personal injury, and criminal cases. For example, a doctor might receive a subpoena for blood test information, or an employer might receive a subpoena to provide employee records. Other document examples include medical bills, computer files, and income tax returns. When people are asked to speak in court themselves, it is because they might have information that is pertinent to the case. It is important to know that a subpoena is not an optional request. If you fail to complete the task demanded in your subpoena, you can be fined and/or put in jail.
How Is a Subpoena Issued and Delivered?
Any practicing lawyer can create and issue a subpoena. The only exception is if the subpoena will be delivered to a high-level government official like a governor, in which case an administrative law judge must approve the subpoena. Process servers often deliver subpoenas because they specialize in serving important and time-sensitive papers related to court proceedings. Court clerks and sheriffs might also deliver subpoenas. Most are either hand-delivered, emailed to the last known address, or sent through certified mail.
If you’re unsure about your role in a subpoena, you can contact an attorney of your own to better understand the situation and learn how to respond appropriately.
