Should I accept a subpoena?
Asked by: Kari Greenfelder | Last update: July 4, 2025Score: 4.4/5 (58 votes)
So, what do you do if you get 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 you 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).
How should you respond to the subpoena?
- Read the Subpoena Carefully: Make sure you understand exactly what is being requested—whether it's documents, testimony, or both. ...
- Provide Documents in the Requested Format: If the subpoena asks for documents, you are required to provide them in the format you usually maintain them.
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.
What is a good reason to get out of a subpoena?
If you have a valid reason not to testify, then the subpoena might be withdrawn or thrown out by the judge. Valid reasons include things like not having any relevant information to give, the information you might have to give being privileged in some way, and a few others.
I Received A Subpoena, What Should I Do?
Should you accept a subpoena?
So, what do you do if you get 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.
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.
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.
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.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
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.
How do I protect myself from a subpoena?
- Making Contact with the U.S. Attorney's Office. ...
- Filing a Motion to Quash. ...
- Thoroughly Preparing Your Testimony or Document Production (or Both) ...
- Asserting the Attorney-Client Privilege. ...
- Asserting the Fifth Amendment Privilege Against Self-Incrimination.
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 ...
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 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.
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.
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.
What to do when you receive a subpoena?
Do not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away.
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 happens when you get a subpoena and don't go?
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 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.
Can I refuse to be a witness in court?
If you are a material witness and choose to disobey a subpoena, a warrant may be issued for your arrest. If a judge is worried that you will not appear as instructed, they can require you to post a bond to secure your return to 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.
Why plead the fifth if you are innocent?
Even if you are completely innocent, discrepancies in your testimony, memory lapses, or misunderstandings can lead to accusations of perjury. Invoking the Fifth allows you to avoid answering questions that could put you in a situation where your words are twisted and you are accused of lying.
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.