Does a subpoena mean you are in trouble?
Asked by: Prof. Alf Boyle IV | Last update: April 17, 2025Score: 4.7/5 (14 votes)
A subpoena is an order issued by the court. The subpoena usually requires you to appear at a certain place, date, and time to testify as a witness about a particular case. In a criminal case, you can be subpoenaed only to testify in court. In a civil case, you may be subpoenaed for out-of-court testimony as well.
What happens after a subpoena is issued?
A subpoena may be served on an individual either through personal delivery, email, certified mail or even by reading it out aloud. It is also called a writ or administrative summons. A subpoena cannot be ignored as it is a court order and a failure to respond to it may be punishable as contempt of court.
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.
Can I reject a subpoena?
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).
Do I need a lawyer if I am subpoenaed?
You don't generally need an attorney to comply with a subpoena, unless anything you revealed could either harm you in some way, harm your business (eg don't reveal any trade secrets without an attorney requesting that info be kept confidential), or would benefit a party you don't want to help.
I Received A Subpoena, What Should I Do?
Can you get out of court if you are subpoenaed?
Can a Witness Get Out of a Subpoena? In some cases, a witness can lawfully avoid testifying in a criminal trial. If you have been subpoenaed in a criminal case and do not want to testify, you may be able to work with the prosecutor or defense attorney to figure out an alternative to appearing in court.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
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 are reasons to get out of a subpoena?
- The subpoena did not give the statutory amount of time to respond.
- You need more time to respond.
- The subpoena was issued to an incorrectly named entity.
- The request was overly broad and unduly burdensome.
- The request would require the production of trade secrets.
Can you plead the fifth if you are 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.
Why was I given a subpoena?
Why have I been given a subpoena? You are being asked to serve as a witness in a criminal court trial. A subpoena lists the date, time, place and proceedings in which your testimony is required.
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.
Who Cannot be subpoenaed?
Diplomats – Foreign diplomats can never be forced to testify in court, under diplomatic immunity. Incompetent witness or evidence - A witness may have memory or other cognitive deficits, which could affect their ability to truthfully recall events. They also may not be physically fit to appear in court.
What do I do if I get a subpoena?
Failing to properly comply with a subpoena can have serious consequences including fines for contempt and the waiver of certain rights. As such, there are two immediate steps you need to take upon getting a subpoena: Preserve all of your documents and contact a lawyer with experience in this area of the law.
What's the difference between a warrant and a subpoena?
Warrant (in general) – allows search, seizure, or arrest to be made by the officer. Subpoena (in general) – asks person to appear in court to testify as a witness or produce evidence (papers, forms, materials, information, etc.)
How long do you have to respond to a subpoena?
The 10-day period for response to a subpoena is extended to 14 days to avoid the complex calculations associated with short time periods under Rule 6 and to allow a bit more time for such objections to be made.
Can I refuse to testify if I get a subpoena?
If you or a witness refuse to testify in court after getting summoned by a subpoena, the court may hold you in contempt. This legal offense can result in a court-imposed fine or imprisonment in the worst cases.
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.
Can you hide from 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.
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 a subpoena be cancelled?
The Administrative Law Judge or the Board, as the case may be, will revoke the subpoena if in their opinion the evidence whose production is required does not relate to any matter under investigation or in question in the proceedings or the subpoena does not describe with sufficient particularity the evidence whose ...
How much jail time for subpoena?
The government's authority to impose criminal penalties against you for ignoring a subpoena is contained in Title 18 U.S.C. Sections 401 and 402, known as "contempt of court." You could face significant fines and up to 6 months in jail if convicted.
Can you beat a subpoena?
A person can challenge a subpoena if is it insufficiently specific, yet this will likely require a hearing and an attorney may be necessary. Burden: This is commonly used to quash subpoenas requesting documents because it may require that the party produce documents of a very high volume in a short amount of time.
Why am I being subpoenaed?
Anyone who may have evidence relevant to a pending criminal case may receive a witness subpoena. Accordingly, you may receive a subpoena if you: Participated in events related to the case. Saw or witnessed events related to the case.
What is the most common subpoena?
The most common subpoena is a basic subpoena issued by an attorney for documents needed in a general civil case. The type of subpoena you might receive depends on the nature of your company and industry.