Can I decline a subpoena?
Asked by: Waldo Ullrich DVM | Last update: October 21, 2025Score: 4.3/5 (6 votes)
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
What are valid reasons to get out of a subpoena?
- Did not receive or was not personally served with a subpoena;
- Medical emergency.
- Family emergency.
- Self-incrimination (5th amendment)
- Privilege.
What happens if you reject a subpoena?
If you ignore the subpoena, not only is this likely to raise questions as to why you have chosen not to respond as required, but it could also lead to being held in contempt of court.
Can a person refuse to testify if subpoenaed?
Once you have been given the subpoena, you must legally oblige. If you don't understand your obligations, you should consult a federal criminal defense lawyer serving San Francisco, CA as soon as possible.
Can you opt out of a subpoena?
Choosing to try and avoid a subpoena is not an easy process. The person will need to hire an attorney, pay attorney fees in most cases, and will need to prepare a motion. If the motion fails, or if there are other reasons that a party may need the person to testify, they may not be excused.
What if I ignore a subpoena? Law FAQ with Partner Ken Hoffman
Is there a way to avoid a subpoena?
Quashing a subpoena includes filing an objection and citing legally valid reasons for avoiding the duty of appearing. An attorney can help you file an objection and evaluate your chances to avoid the subpoena.
Can I plead the 5th when subpoenaed?
The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature.
Is ignoring a subpoena a felony?
Disobeying a subpoena may also be punished with a contempt charge under California Penal Code § 1331. The maximum punishment for a misdemeanor contempt charge in California is generally 6 months in the county jail, a $1000 fine, or both.
What happens if a witness refuses to answer questions?
Consequences of Unjustified Refusal
These actions can range from compelling the witness to answer the question, holding the witness in contempt of court, or even imposing fines or jail time.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
Should I accept a subpoena?
Do not panic – but do not ignore it. Failing to properly comply with a subpoena can have serious consequences including fines for contempt and the waiver of certain rights.
What happens if a victim ignores a subpoena?
A witness who ignores, disregards or even forgets to honor a subpoena to appear and testify may be held in contempt of court.
Can you oppose a subpoena?
California allows multiple people to challenge a third-party subpoena. The person or organization served with the subpoena may object to all or part of it, or they may file a motion for a protective order or to quash the subpoena in the court where the lawsuit is pending.
When can you refuse a subpoena?
You remain obligated to respond to the subpoena unless you have a court order quashing or modifying the subpoena, Contact your legal counsel to assist with court filings.
Can you hide from a subpoena?
Failure to adhere to a subpoena can subject someone to criminal or civil contempt. Civil contempt occurs when someone hinders the judicial process by not adhering to the terms of a subpoena.
What happens if the victim doesn't show up to trial?
Subpoena the Victim
If the victim fails to comply, they could face legal consequences, such as fines or even arrest. It is not unheard of for the sheriff to drag an unwilling victim into court.
Can you refuse to testify if subpoenaed?
However, simply ignoring a subpoena or failing to show up can lead to penalties, including fines and even jail time for contempt of court. Given the seriousness of a domestic violence issue and the potential consequences for the parties involved, it's crucial to approach the situation with care.
Can you say I decline to answer in court?
In a more formal setting such as a deposition, hearing or trial, the person might say: “On the advice of counsel, I invoke my fifth amendment privilege against self-incrimination and respectfully decline to answer your question.”
Can a witness decline?
If a victim or witnesses refuses to testify in a California court, the judge can hold them in contempt of court. If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC.
Does a subpoena mean I'm in trouble?
A subpoena is not an automatic indictment, but the government wants you to believe you're guilty so you cave in. Prosecutors chase convictions under United States v. Nixon, 418 U.S. 683 (1974), which confirmed how subpoenas can pry into almost anything.
Do I need a lawyer if I am subpoenaed?
Do You Need a Criminal Defense Lawyer? In most cases, a subpoenaed witness will likely not need the assistance of an attorney. However, in certain cases, the witness may be subjecting himself to criminal liability by appearing and testifying under oath.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
Do you have the right to remain silent when subpoenaed?
You have the constitutional right to remain silent. It is not a crime to refuse to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail.
How close to a court date can you be subpoenaed?
According to California law, a subpoena must be served at least 10 days before the date of the hearing or trial.
Can you be forced to testify against yourself?
The Fifth Amendment of the Constitution establishes the privilege against self- incrimination. This prevents the government from forcing a person to testify against himself.