Definition
A subpoena is a formal, court-backed order that requires a person to appear and give testimony or to produce documents or other evidence in a legal proceeding. Because it is issued under the authority of a court, a subpoena carries the force of a court order, and failing to comply with a valid one can result in being held in contempt of court. Subpoenas are most often used to obtain evidence from people who are not parties to the lawsuit.
Legal Meaning
The word "subpoena" comes from Latin meaning "under penalty," reflecting the fact that a person who ignores one faces legal consequences. In civil cases, subpoenas are a key part of the discovery process, allowing a party to compel testimony or documents from witnesses, employers, banks, hospitals, and other third parties who hold relevant information but are not themselves suing or being sued.
There are two principal kinds of subpoena. A subpoena ad testificandum orders a person to appear and testify, for instance at a deposition, a hearing, or a trial. A subpoena duces tecum orders a person to produce documents, records, or other tangible items. A single subpoena can require both, directing a witness to appear and to bring specified records. Subpoenas are also used in criminal cases and before grand juries and administrative agencies.
In federal court, subpoenas are governed by the Federal Rules of Civil Procedure (chiefly Rule 45), which set out how subpoenas are issued, served, and enforced, and what protections exist for the people who receive them. State courts follow their own analogous rules, which generally work the same way but differ in details such as geographic limits, witness fees, and the time allowed to respond. While attorneys typically prepare and serve subpoenas as officers of the court, the subpoena's power ultimately derives from the court itself.
Key Points
- A subpoena compels a person to testify or to produce documents or evidence
- It carries the force of a court order, even when an attorney prepares and serves it
- A subpoena ad testificandum orders testimony; a subpoena duces tecum orders documents
- Subpoenas are commonly used to obtain evidence from non-parties during discovery
- Ignoring a valid subpoena can lead to contempt of court, fines, or other penalties
- You can challenge a subpoena by filing a motion to quash or modify it
- Privileged information may still be protected even if a subpoena demands it
- Federal court follows Rule 45; state courts have analogous but varying rules
Real-World Example
Tom witnessed a serious car accident from the sidewalk but is not involved in the resulting lawsuit. Months later, the injured driver's attorney serves Tom with a subpoena to appear at a deposition and to bring any photos or videos he took at the scene. The subpoena is a subpoena duces tecum combined with a subpoena to testify.
Tom would prefer not to get involved, but because the subpoena is a valid court order, he cannot simply ignore it without risking contempt. He attends the deposition, brings his cell phone photos, and answers questions truthfully under oath. His independent eyewitness account and timestamped photos turn out to be important neutral evidence. If Tom had believed the subpoena was improper, his proper move would have been to consult an attorney and file a motion to quash—not to skip the deposition.
Types of Subpoenas
| Type | What It Requires | Common Use |
|---|---|---|
| Subpoena ad testificandum | The person must appear and give testimony | Depositions, hearings, and trials |
| Subpoena duces tecum | The person must produce documents or evidence | Bank, medical, employment, and business records |
| Combined subpoena | The person must appear and bring specified records | Witnesses who hold relevant documents |
| Trial subpoena | The person must appear to testify at trial | Securing witness attendance at the trial itself |
How to Respond to a Subpoena
If you receive a subpoena, do not ignore it. Read it carefully to note exactly what is required, the date and place of compliance, and the deadline. If the demand seems reasonable and does not involve sensitive or privileged matters, you generally must comply by appearing or producing the requested materials. Witnesses are often entitled to modest fees for attendance and travel, and a subpoena must usually allow a reasonable amount of time to respond.
If you believe a subpoena is improper—because it is overly broad, seeks privileged or irrelevant information, imposes an undue burden, or gives too little time—you can ask the court to quash or modify it. For document subpoenas, you may be able to serve written objections within the time the rules allow. These procedures and deadlines are strict and vary by jurisdiction, so it is wise to consult an attorney quickly if you intend to contest the subpoena. Even privileged information, such as confidential communications with your own lawyer, can be protected from disclosure, but you must assert the privilege properly rather than simply refusing to respond.
Related Terms
Served With a Subpoena?
Know your rights before you respond—talk to a qualified attorney
Find a Lawyer Near YouWhen You Need a Lawyer
While many subpoenas are routine, some raise real legal risks, and the procedures for responding are strict. Consider talking to an attorney if:
- The subpoena demands testimony or records you believe are private or privileged
- Complying would be unusually burdensome, expensive, or time-consuming
- Your testimony could expose you to criminal liability
- You want to challenge the subpoena with a motion to quash or modify
- You are unsure exactly what the subpoena requires or how to respond on time
An attorney can review the subpoena, advise you on your obligations, assert any privileges, and file motions to protect your interests. If you have received any court document and are unsure what to do, our guide on responding to a court summons is a helpful starting point. To learn about costs and finding counsel, see understanding legal fees and how to choose a lawyer.
Frequently Asked Questions
What is a subpoena?
A subpoena is a formal, court-backed order that requires a person to do something in a legal case, usually to appear and give testimony or to produce documents and other evidence. Because it is issued under the authority of a court, ignoring a valid subpoena can result in serious consequences, including being held in contempt of court. Subpoenas are commonly used to obtain testimony and records from people who are not themselves parties to the lawsuit.
What are the different types of subpoenas?
There are two main types. A subpoena ad testificandum orders a person to appear and testify, such as at a deposition, hearing, or trial. A subpoena duces tecum orders a person to produce documents, records, or other tangible evidence. A single subpoena can combine both, requiring a witness to appear and to bring specified records with them. The exact names and procedures vary between federal and state courts.
What happens if I ignore a subpoena?
Ignoring a valid subpoena can lead to serious penalties. A court can hold you in contempt, which may include fines and, in some cases, jail time, and it can issue an order compelling your compliance. Because a subpoena carries the force of a court order, the safest course is never to ignore one. If you believe a subpoena is improper or unduly burdensome, the correct response is to file a motion to quash or modify it rather than simply not responding.
Can I object to or fight a subpoena?
Yes. You can challenge a subpoena by filing a motion to quash or modify it, typically arguing that it is overly broad, unduly burdensome, seeks privileged or irrelevant information, or fails to allow reasonable time to comply. You may also serve written objections to a document subpoena within the time the rules allow. Because the procedures and deadlines are strict and vary by jurisdiction, it is wise to consult an attorney promptly if you want to contest a subpoena.
Who can issue a subpoena?
Subpoenas are issued under the authority of a court, but in practice attorneys for the parties commonly prepare and serve them as officers of the court. Court clerks can also issue them, and in some matters grand juries and administrative agencies have subpoena power. The rules governing who may issue a subpoena and how it must be served differ between federal court, which follows the Federal Rules of Civil Procedure, and the various state courts.
Lawsuits Have Deadlines
Subpoenas are issued within an active case, and the underlying lawsuit must be filed within your state's statute of limitations. See the deadlines in our state-by-state statute of limitations guide.