One area of the legal system that can be confusing is the difference between a summons and a subpoena. In this article, we will examine the subpoena vs. summons — exploring the differences between these two legal documents, their uses, and how they relate to legal proceedings.
What Is a Summons?
A summons is a legal document that notifies an individual or entity that they are being sued. It is a formal notice that requires the defendant to respond to the lawsuit within a specific period of time. The summons contains essential information, including the names of the parties involved, the court where the case will be heard, and the deadline for the defendant to file a response.
A summons is typically served by a process server who delivers the document to the defendant in person. Sometimes, a summons may be served via certified mail or publication in a newspaper if the defendant cannot be located.
The purpose of a summons is to inform the defendant of the legal action being taken against them and to allow them to respond. If the defendant fails to respond within the specified time frame, they risk having a default judgment entered against them.
A summons can also initiate other legal actions, such as a divorce or child custody case, serving as notice that legal action is being taken and that the recipient has a certain amount of time to respond.
What Is a Subpoena?
A subpoena is a legal document that compels an individual or entity to provide evidence or testimony in a legal proceeding. It is a court order that requires the recipient to appear at a specific time and place to provide the requested information or testimony.
There are two types of subpoenas:
- Subpoena ad testificandum — requires the recipient to testify
- Subpoena duces tecum — requires the recipient to produce documents or other physical evidence
A subpoena may be served by a process server, an attorney, or a law enforcement officer. Failure to comply with a subpoena can result in legal consequences, including fines or jail time.
The Key Differences: Subpoena vs. Summons
While both are legal documents, there are critical differences between the two:
- Purpose: A summons initiates a legal proceeding, while a subpoena compels testimony or evidence in an existing legal proceeding.
- Recipient: A summons is served on the defendant in a legal case, while a subpoena is served on a witness or party not directly involved in the case.
- Response Time: A summons typically requires a response within a specific period, while a subpoena requires compliance at a specific time and place.
- Consequences: Failure to respond to a summons can result in a default judgment against the defendant, while failure to comply with a subpoena can result in fines or even jail time.
When Are Summons and Subpoenas Used?
A summons is used to initiate a legal proceeding, such as a lawsuit or a divorce. It is the first step in the legal process, notifying the defendant that legal action is being taken against them.
A subpoena is used in the discovery phase of a legal proceeding to compel witnesses to testify or produce evidence relevant to the case. Subpoenas can be used in various legal proceedings, including:
- Civil and criminal trials
- Grand jury proceedings
- Administrative hearings
- Arbitration proceedings
- Employment disputes or government investigations
In civil cases, a subpoena may be used to obtain documents or testimony from a third-party witness with relevant information. In criminal cases, a subpoena may compel testimony from witnesses who have information about the crime. In grand jury proceedings, subpoenas may compel witnesses to testify or produce documents relevant to the investigation.
How to Respond to a Summons or Subpoena
If you are served with a summons or subpoena, it is vital to respond promptly and appropriately. Failure to do so can result in legal consequences, including default judgments, fines, or even jail time.
If served with a summons:
- File a response within the time frame specified in the document
- The response should be filed with the court and served on the plaintiff's attorney
- Include an admission or denial of the allegations, as well as any affirmative defenses
- Consult with an attorney before filing to ensure you correctly address the allegations and protect your rights
If served with a subpoena:
- Comply with the document by appearing at the specified time and place or producing the requested documents
- If you cannot comply, you may be able to file a motion to quash or modify the subpoena
- Consult with an attorney to determine your legal obligations and protect your rights
FAQ: Summons vs. Subpoena
What is the purpose of a summons?
A summons notifies an individual or entity that they are being sued and allows them to respond.
What is the purpose of a subpoena?
A subpoena compels an individual or entity to provide evidence or testimony in a legal proceeding.
Who receives a summons?
A summons is served on the defendant in a legal case.
Who receives a subpoena?
A subpoena is served on a witness or party not directly involved in the case.
What happens if you fail to respond to a summons?
Failure to respond to a summons can result in a default judgment against the defendant.
What happens if you fail to comply with a subpoena?
Failure to comply with a subpoena can result in fines or jail time.
What is the difference between a subpoena ad testificandum and a subpoena duces tecum?
A subpoena ad testificandum requires the recipient to testify, while a subpoena duces tecum requires the recipient to produce documents or other physical evidence.
When are summonses and subpoenas used?
A summons initiates a legal proceeding such as a lawsuit or divorce. A subpoena is used in the discovery phase to obtain evidence or testimony relevant to the case.
What should I do if served with a summons or subpoena?
Respond promptly and appropriately. If served with a summons, file a response within the specified time frame. If served with a subpoena, comply by appearing at the specified time and place or producing requested documents. Consult with an attorney if you have any questions or concerns.