What is a subpoena?
A subpoena is a court order requiring a person to appear to testify or to produce documents and other evidence.
A subpoena is a court order commanding a person to appear, testify, or produce documents.
Where the word "Subpoena" comes from
Subpoena comes from the Latin sub poena, under penalty. It is a writ commanding a person's attendance or the production of evidence, backed by the court's contempt power, and it is a standard tool in litigation and government investigations.
Why Subpoena matters
It lets parties and agencies compel evidence that a witness would otherwise withhold. Without subpoenas, trial preparation and investigations would depend entirely on voluntary cooperation, which would fail in many cases.
Common confusion about Subpoena
A subpoena is not a request; it is an order. Ignoring a valid subpoena can result in contempt, fines, or arrest, though a person can object to a subpoena that is unreasonable, seeks privileged material, or demands an undue burden, by filing a motion to quash.
A real-world example of Subpoena
In a personal injury case, the plaintiff subpoenas the defendant's phone records from the carrier to prove the driver was texting, and the carrier must produce the records or face sanctions.
A worked example of Subpoena
A business is subpoenaed to produce emails and invoices in a dispute between two former partners. The business must search for the documents and produce the responsive, non-privileged ones by the deadline. If the subpoena demands documents unrelated to the case or protected by attorney-client privilege, the business can move to quash or limit it, but it must act within the time allowed, because ignoring the subpoena risks contempt while objecting protects its rights.
How Subpoena works in practice
If you receive a subpoena, do not ignore it; respond by the deadline, produce what is required, and object in writing to anything improper. If you are issuing a subpoena, make it specific and reasonable, because courts will not enforce demands that are overbroad or burdensome. Coordinate with the issuing party about fees and timing, and preserve the documents before the subpoena arrives if you anticipate litigation.
Questions about Subpoena
What if I ignore a subpoena?
You can be held in contempt and fined or jailed.
Can I object to a subpoena?
Yes, by moving to quash if it is too broad or burdensome.
Is a subpoena the same as a summons?
No — a summons notifies you of a suit; a subpoena compels evidence.
What is a subpoena duces tecum?
One that orders production of documents, not just testimony.