What to do if you receive a subpoena?
Asked by: Kolby Reynolds | Last update: February 12, 2026Score: 4.2/5 (25 votes)
If you receive a subpoena, don't panic or ignore it; immediately preserve all relevant documents, contact an experienced attorney for guidance on your rights and obligations, and understand you must comply unless you formally object, as failure to do so can lead to fines or contempt charges, with an attorney helping you potentially narrow the scope or protect privileged information.
How do you 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).
What to do if you are served with a subpoena?
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.
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.
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).
ARE YOU GOING TO JAIL WHEN YOU RECEIVE A SUBPOENA FROM THE PROSECUTOR?
Can you say no to being subpoenaed?
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 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.
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.
Are subpoenas serious?
A subpoena is not a suggestion—it is a legally enforceable order. Ignoring it can have serious consequences. Whether the subpoena is related to a civil lawsuit, a federal investigation, or a grand jury proceeding, failing to respond could lead to financial penalties, contempt charges, or even jail time.
Is it easy to get out of 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.
What is the most common reason a subpoena is issued?
The most common reasons for issuing a subpoena are to compel testimony from reluctant witnesses or to obtain crucial evidence (documents, records, tangible items) from individuals or entities not directly involved in a case, primarily for discovery in civil suits (like divorce, personal injury) or investigations, ensuring all relevant information is available for proving facts and establishing liability.
What's the difference between being served and a subpoena?
If you are served with a summons, it means you are being sued. If you are served with a subpoena, it means you are needed to provide information for someone else's lawsuit.
What to do after getting 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.
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 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.
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.
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.
Can someone decline to be a witness?
A witness can refuse to testify if their testimony may incriminate them, invoking the Fifth Amendment right against self-incrimination. Certain relationships, like spousal and attorney-client, protect individuals from being compelled to testify due to legal privileges.
Does a subpoena mean I'm in trouble?
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.
Do I have to go to court if I have been summoned?
Yes, if you are summoned to court, you must respond or appear as instructed because it's a formal legal order, not a suggestion; ignoring it can lead to serious consequences like a default judgment, fines, or even a bench warrant for your arrest, so always read the summons carefully and seek legal advice if unsure.
Has anyone ever won a court case without a lawyer?
There are rare cases where individuals have represented themselves and won. Still, these situations typically involve unique circumstances, such as minor traffic violations, small claims disputes, or defendants with extensive legal knowledge.
Can someone 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.
How can I get out of a witness subpoena?
To get out of a subpoena, contact the issuing attorney to request changes or explain conflicts, or file a motion to quash with the court, potentially citing issues like self-incrimination, privilege (e.g., doctor-patient), or undue burden, but never ignore it, as that risks contempt of court; seeking legal advice from an attorney is crucial.
Does remaining silent make you look guilty?
It's easy to feel pressured to answer when the police start asking questions about a criminal investigation. You might worry that staying silent makes you look guilty, but it doesn't. The law is quite clear on this. You have the right to remain silent, and exercising your right cannot imply guilt in court.