Is being served a subpoena bad?
Asked by: Camille Stroman | Last update: May 29, 2025Score: 4.1/5 (60 votes)
Subpoenas are legally binding orders. Failure to comply with a subpoena can result in various repercussions including: Contempt of Court: One of the most common consequences of ignoring or resisting a subpoena is being held in 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.
What does it mean when you are served with a subpoena?
A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines. Back to FAQ List.
Are subpoenas a bad thing?
Receiving a subpoena does not mean you are being sued. It simply means that a party in an ongoing lawsuit believes that you have documents or information that are relevant to their case. However, it is important to respond to a subpoena timely, accurately, and with appropriate caution.
What to do when you receive a subpoena?
If you got a subpoena, you are required to go to the trial. You are also required to answer all questions truthfully. You are not required to give additional details when they ask you a question. Give only the answer to the question.
Should You Be Concerned About Being Served a Subpoena?
Do I need a lawyer if I get subpoenaed?
In short, if you receive a witness subpoena in a criminal case and you have any concerns about the possible repercussions of testifying, you should immediately consult an experienced criminal defense attorney to evaluate the circumstances and advise you on how to proceed.
Is it possible to get out of a subpoena?
Valid reasons to get out of a subpoena may include: Did not receive or was not personally served with a subpoena; Medical emergency. Family emergency.
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.
How do you avoid being served with a subpoena?
- Follow these steps if only personal service is allowed.
- Don't answer your door to anybody. ...
- Instruct the roommates/family to tell the Process Server/Sheriff that the person they're after no longer lives there. ...
- Be aware of your surroundings. ...
- Tell your workplace.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
How much does a subpoena cost?
According to the California Department of Industrial Relations, a witness subpoenaed is entitled to a witness fee of $35 for each day's court appearance and a mileage fee of 20 cents per mile to cover their travel expenses.
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.)
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.
Can you remain silent if subpoenaed?
If you are subpoenaed to testify, there is no need to expressly invoke the privilege against self-incrimination. You can hire a lawyer who can invoke your rights on your behalf. The Supreme Court held that it is not difficult for a defendant to say they are not answering questions on Fifth Amendment grounds.
Is it possible to avoid a subpoena?
If you don't want to appear personally or supply the requested documents, you may be able to “quash” the subpoena. Quashing a subpoena includes filing an objection and citing legally valid reasons for avoiding the duty of appearing.
Do I need a lawyer if I get a subpoena?
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 (e.g. 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.
Does a subpoena mean you are in trouble?
Essentially, a subpoena, which literally means 'under penalty', requires one to inform under oath (testify) on the facts that are at issue in a pending case. A subpoena is typically requested by an attorney on behalf of the court and issued by a court clerk, notary public or justice of the peace.
Can a subpoena be dismissed?
There is a process by which a subpoena can be rejected by the court. Your attorney would have some motions to file on your behalf and the justification needs to be good. Don't even think about trying the pro se - you need an attorney. It all comes down to the prosecutor's discretion.
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.
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 you are subpoenaed as a witness and don't show up?
The judge may not wait for a witness who has not been subpoenaed to show up before making a decision. What if the person doesn't comply with the subpoena? If the person doesn't come to court, they can be held in contempt of court and ordered to pay up to $500 in fines.
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 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.
Who pays for subpoena documents?
§ 2554.29 Who pays the costs for a subpoena? The party requesting a subpoena shall pay the cost of the fees and mileage of any witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court.