Getting served with a legal document can be intimidating, and few are as confusing or daunting as a subpoena. Whether it arrives by mail, hand-delivery, or even email, a subpoena is not something to ignore. It is a legal order, and how you respond can have significant consequences.
This post will demystify the term “subpoena,” explain the different types you might encounter, and provide a clear, step-by-step guide on how to legally and safely respond.
What Exactly Is a Subpoena?
A subpoena is a written legal order from a court or government agency. It compels an individual to either:
- Appear in court or at a deposition to give testimony. This is known as a subpoena ad testificandum.
- Produce specific documents, records, or other physical evidence. This is known as a subpoena duces tecum.
The purpose of a subpoena is to gather information or evidence relevant to a legal case, whether it’s a criminal investigation, a grand jury proceeding, or a civil lawsuit.
Why You Can’t Ignore It
Ignoring a subpoena is a serious matter. Failing to comply with a subpoena can lead to:
- Contempt of Court: This is a serious charge that can result in fines, arrest, and even jail time.
- Warrants: A judge can issue a bench warrant for your arrest if you do not appear as commanded.
- Legal Penalties: Depending on the jurisdiction and the nature of the case, other penalties may apply.
Different Types of Subpoenas You Might Encounter
- Grand Jury Subpoena: If you receive a grand jury subpoena, it means you are being asked to provide testimony or documents to a grand jury, which is investigating potential criminal activity. Grand jury proceedings are secret.
- Trial Subpoena: This compels you to appear as a witness in a criminal or civil trial.
- Deposition Subpoena: Requires you to give sworn testimony outside of court, usually in an attorney’s office, before a court reporter.
- Administrative Subpoena: Issued by a government agency (like the IRS or SEC) to gather information for an investigation.
How to Legally and Safely Respond to a Subpoena: A Step-by-Step Guide
The most crucial step in responding to any subpoena is to act promptly and seek legal advice immediately.
- Do Not Panic, But Do Not Ignore It: Read the subpoena carefully to understand what is being requested and the deadline for your response.
- Contact an Attorney IMMEDIATELY: This is the most critical step. A criminal defense attorney can:
- Review the Subpoena: Ensure it is valid, properly served, and that the request is reasonable.
- Advise on Your Rights: You may have privileges (like attorney-client privilege or the Fifth Amendment right against self-incrimination) that allow you to withhold certain information or testimony.
- Negotiate Scope: Your attorney may be able to negotiate with the issuing party to narrow the scope of documents requested or change the date of testimony.
- Prepare You: If you must testify, your attorney will prepare you for what to expect during questioning. If you must produce documents, they will help you gather the relevant materials and ensure you don’t inadvertently provide privileged information.
- Do Not Destroy or Alter Documents: If the subpoena demands documents, preserve all potentially relevant materials immediately. Destroying or altering evidence (spoliation) is a serious crime.
- Do Not Discuss with Others (Without Legal Advice): Avoid discussing the subpoena or the case with anyone other than your attorney. You could inadvertently waive privileges or complicate your situation.
- Comply (with Legal Counsel): Once your attorney has advised you, comply with the subpoena’s demands in a timely and appropriate manner.
Receiving a subpoena indicates you possess information or evidence deemed important to a legal proceeding. How you handle it can significantly impact your future. Lforlaw can connect you with licensed attorneys who specialize in criminal defense and can provide the expert guidance you need to navigate this serious legal command.
Sources:
- Federal Rules of Civil Procedure
- Federal Rules of Criminal Procedure
- State-specific statutes and court rules (e.g., California Code of Civil Procedure, New York Civil Practice Law and Rules)
- U.S. Department of Justice guidance on grand jury subpoenas
- Legal publications and guides on subpoena compliance
