How many days to answer a subpoena?
Asked by: Mr. Oswaldo Rosenbaum DDS | Last update: February 4, 2026Score: 4.1/5 (7 votes)
You typically have 14 days to object to or comply with a federal subpoena for documents (subpoena duces tecum), but the specific deadline is on the document itself and can vary by court/state, with some requiring immediate action or longer periods for testimony or specific circumstances like media subpoenas (often requiring more reasonable notice, maybe 48 hours). Always check the subpoena's specific date, as it overrides general rules, and act quickly, as objections must be served before compliance or within 14 days, whichever is sooner.
How long do you have to give someone to respond to a subpoena?
Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.
What is the subpoena rule in Maryland?
Maryland subpoena rules govern compelling testimony and documents, requiring proper issuance by a court or authorized officer, service by a non-party adult (or certified mail for District Court), and detailing attendance/production specifics, with protections (like protective orders) available against undue burden, though failure to comply risks contempt of court penalties like fines or jail time. Key rules include Rule 3-510 for compelling attendance/production and Rule 4-266 for general service, with deadlines and details for content and service specified in Maryland Rules and COMAR regulations.
Do you legally have to respond to 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).
What is the timeline for a subpoena in California?
A subpoena shall be served at least 15 calendar days before the time required for attendance. A subpoena duces tecum shall be served at least 28 calendar days before the time required for attendance or production of the requested documents.
ARE YOU GOING TO JAIL WHEN YOU RECEIVE A SUBPOENA FROM THE PROSECUTOR?
How to respond to a subpoena?
Responding to a Subpoena Commanding Production or Inspection
First, you can serve written objections to the subpoena pursuant to Rule 45(d)(2)(B). Second, you can move to quash or modify the subpoena pursuant to Rule 45(d)(3). Third, you can move for a protective order under Federal Rule of Civil Procedure 26(c).
Can you decline a subpoena?
No, you generally cannot just refuse or ignore a subpoena because it's a formal court order with serious consequences like fines or jail time for contempt of court, but you can legally challenge it by filing a motion to quash or object to specific requests (like self-incrimination under the Fifth Amendment or privilege) with a court, often requiring a lawyer's help to protect your rights. Simply ignoring it is a bad idea, but objecting through proper legal channels is the correct way to avoid compliance.
Can a victim refuse to testify if subpoenaed?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, a serious offense under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal.
Can you go to jail for not answering subpoena?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
Can deleted text messages be subpoenaed?
In some cases, the prosecution might subpoena your text message records directly from your phone provider. If your phone has been seized, investigators may use forensic tools to recover deleted messages or access encrypted data.
How to get around a subpoena?
While you may want to protect yourself, you cannot ignore a subpoena. However, you can still protect your interests if you're served. There may be a legal reason that would allow you to avoid testifying or providing documents. A motion to quash the subpoena may get you out of testifying.
How far in advance must a subpoena be served in Maryland?
A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing.
Can you remain silent if subpoenaed?
Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.
Can a victim ignore a subpoena?
According to California Civil Code Section 1219, victims are not obligated to testify, and they are exempt from contempt charges for refusing to do so. However, there may be consequences such as minor fees or community service if the victim refuses a subpoena.
Can I charge for responding to a subpoena?
Under the Federal Rules of Civil Procedure, the default rule is that the non-party bears the cost of complying with the subpoena. However, Rule 45 provides an avenue for a non-party to shift the costs to the subpoenaing party.
What are the rules for subpoenas in Maryland?
Maryland subpoena rules govern compelling testimony and documents, requiring proper issuance by a court or authorized officer, service by a non-party adult (or certified mail for District Court), and detailing attendance/production specifics, with protections (like protective orders) available against undue burden, though failure to comply risks contempt of court penalties like fines or jail time. Key rules include Rule 3-510 for compelling attendance/production and Rule 4-266 for general service, with deadlines and details for content and service specified in Maryland Rules and COMAR regulations.
Can a subpoenaed witness refuse to testify?
Legal Consequences of Refusing to Testify
In California, contempt of court is taken seriously, and the legal repercussions can include: Imprisonment: A person found guilty of contempt can be sentenced to up to six months in county jail. Fines: The person can also be fined up to $1,000.
What are valid reasons to quash a subpoena?
There are many grounds for objecting to a document subpoena, including that the subpoena: ∎ Does not allow sufficient time to comply. ∎ Seeks irrelevant evidence. ∎ Requires disclosure of privileged or other protected information. ∎ Subjects the recipient to undue burden or expense.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Does a DA have more power than a judge?
A District Attorney (DA) often wields more practical power in shaping criminal case outcomes than a judge, as DAs decide whether to file charges, what charges to file, and influence plea bargains and sentences, while judges primarily ensure legal fairness and have final say on sentencing, though their discretion can be limited by mandatory minimums, shifting power to prosecutors. Judges oversee proceedings and rule on legal matters, but the vast majority of cases end in plea deals where the prosecutor's initial charging decisions and plea offers are paramount.
What happens if I don't want to be a witness?
Firstly, the case could be thrown out of court. Secondly, the court could adjourn the proceedings so that a witness summons can be served on you. If you then fail to attend the next hearing after a witness summons has been served then you could be arrested.
What happens if I'm subpoenaed and don't go?
Ignoring a subpoena, which is a court order, is a serious legal mistake that can lead to severe penalties, including fines, being held in contempt of court, having an arrest warrant issued, and even jail time, because it obstructs justice; instead of ignoring it, you should comply, or if you have valid objections, consult an attorney to file a motion to quash or modify it, notes Harrison & Hart, LLC.
Does a subpoena mean you're being charged?
A subpoena is a document that requests information that could be useful in a case. If you receive a subpoena, you usually aren't being charged in the case itself. However, a judge has determined that you might have information that could help the proceedings.
Is there any way to get out of being subpoenaed?
Yes, you can challenge a subpoena by filing a "motion to quash" or negotiate with the issuing attorney, especially if it's overly broad, burdensome, or seeks privileged information, but ignoring it is not an option and leads to serious penalties like contempt of court, fines, or jail time, so you must address it legally. Common valid reasons to object include lack of sufficient time, undue burden, or privilege (like attorney-client or spousal privilege).
What is a reasonable time to respond to a subpoena?
The 14-Day General Response Timeline
Under Rule 45, the standard timeframe for responding to a federal court subpoena is 14 days. This countdown begins on the day the subpoena is served, not when it was issued. Within this period, you must either comply with the subpoena's demands or file any objections with the court.