What should I do if I receive a subpoena?
Asked by: Anais O'Connell | Last update: April 25, 2026Score: 4.3/5 (72 votes)
If you receive a subpoena, don't ignore it, as it's a court order with serious penalties for non-compliance like fines or jail time; instead, read it carefully, preserve all relevant information immediately (paper and digital), and contact an attorney to understand your obligations, protect privileged information, and determine if you need to comply, object, or file a motion to quash the subpoena.
What to do if you've been subpoenaed?
When you receive a subpoena, do not ignore it, as it's a court order, but don't panic; instead, immediately contact an attorney, preserve all relevant documents (physical and electronic), and carefully review the subpoena to understand what's being asked, as a lawyer can help you respond correctly, negotiate scope, protect privileged information, or file objections if needed, preventing fines or contempt of court charges.
How to respond to a subpoena?
When responding to a subpoena requesting documents, identify which are confidential and notify the issuing party or court about their sensitive nature. Use any granted extensions to prepare a detailed response, possibly including a protective order request to limit disclosure.
How serious is a subpoena?
A subpoena is a legal document issued by a court order that requires the person named in it to take action. The term “subpoena” literally means “under penalty.” Failure to comply with a federal subpoena can lead to severe consequences, including incarceration and fines.
Are you required 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 Should I Do If I Receive A **summons Or Subpoena**? - Courtroom Chronicles
Can you say no to being subpoenaed?
No, you generally cannot simply refuse a subpoena because it's a court order with serious penalties like fines or jail time for non-compliance, but you can challenge it through legal motions (like motion to quash) or assert privileges (like Fifth Amendment) with an attorney's help to avoid providing unwanted testimony or documents, often by negotiating terms or proving undue burden. Ignoring it is risky; working with a lawyer is the best way to navigate legal challenges and protect your rights.
Can you go to jail if you don't respond to a 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.
Do I need a lawyer if I get a subpoena?
There are certain steps you can take, however, to help protect your rights and ensure that responding to a subpoena goes smoothly. The first question you may have when receiving a subpoena is: do I need a lawyer to respond to this? You are not obligated to hire a lawyer to respond to a subpoena on your behalf.
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.
Does a subpoena mean I did something wrong?
Just because you or your company has been served with a subpoena does not mean that you have done something wrong or that you will be sued. However, there are a few things to keep in mind should this happen to you. First, a subpoena is a court order that commands a person to testify or produce documents.
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.
What not to say as a witness?
Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”
Do you have to talk if you are subpoenaed?
In a criminal case, you may be asked to speak as a witness. Many people who are served with a subpoena are often not the focus of an investigation or lawsuit. If you're not the defendant in a court case, there is often no real concern going into a deposition or court proceeding.
How to protect yourself as a witness?
Granting immunity to witnesses. If a person is called as a witness and it appears to the court that the testimony or other evidence being sought may tend to incriminate the witness, the court must advise the witness of the privilege against self-incrimination and of the possible consequences of testifying.
What is the most common reason a subpoena is issued?
The most common reason a subpoena is issued is to compel the production of evidence (documents, records, tangible items) or testimony from a person or entity that is not a direct party to a lawsuit but has information crucial to proving a case, acting as a vital tool during the discovery process in both civil and criminal legal proceedings. Attorneys use subpoenas to gather facts, witness accounts, or documents (like bank records, emails, medical files) that parties might not voluntarily provide, ensuring a fair and thorough investigation.
Can I decline 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 is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
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.
Is being subpoenaed a bad thing?
Being served with a subpoena does not necessarily mean that you (or your company) have done something wrong or that you will be sued. Often times, it simply means that one of the parties to the dispute believes that you may have relevant information or documents.
What to do after receiving a subpoena?
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.
Do I have to go to court if I have been summoned?
Yes, if you are summoned to court (receive a summons or subpoena), you are legally required to appear or respond by the specified deadline, as it is a formal court order, not a suggestion, and ignoring it can lead to serious consequences like a bench warrant, arrest, fines, default judgment, or additional criminal charges. You must carefully read the document for instructions on how to respond (e.g., appear in person, file a written answer) and follow them precisely.
Can I decline a subpoena?
No, you generally cannot simply refuse a subpoena because it's a court order with serious penalties like fines or jail time for non-compliance, but you can challenge it through legal motions (like motion to quash) or assert privileges (like Fifth Amendment) with an attorney's help to avoid providing unwanted testimony or documents, often by negotiating terms or proving undue burden. Ignoring it is risky; working with a lawyer is the best way to navigate legal challenges and protect your rights.
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.
Who pays legal fees 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.