A subpoena is a strong legal tool that requires individuals to provide evidence or testify in legal proceedings. Whether you're involved in a criminal case, civil lawsuit, or any legal matter that requires the production of documents or testimony, understanding what a subpoena is, the different types and the potential consequences of not complying can be crucial. 
In this blog, we'll explain subpoenas, how they work, and what you should do if you receive one.

What Is a Subpoena?

A subpoena is a legal file that obliges an individual or entity to act by appearing in court as a witness (subpoena ad testificandum) or producing evidence, such as documents or records (subpoena duces tecum). It aims to gather information relevant to a legal case or investigation, and attorneys, courts, or other authorized legal bodies can issue it.
Failure to comply with a subpoena may lead to serious consequences, including fines, contempt of court charges, or even arrest in extreme cases. If you receive a subpoena, it's essential to understand its requirements and your legal obligations to avoid potential legal repercussions. In some instances, noncompliance might be treated as an infraction, while in others it could rise to the level of a misdemeanor. Understanding the difference between infraction vs misdemeanor is crucial, as it can significantly impact the severity of penalties and whether the offense appears on your criminal record.

The Two Types of Subpoenas

There are two primary types of subpoenas:

Subpoena Ad Testificandum
Subpoena Ad Testificandum requires an individual to testify as a witness in a legal proceeding. It can be issued in both civil and criminal cases, compelling a person to appear and provide testimony under oath.

Subpoena Duces Tecum
A subpoena duces tecum requires the recipient to produce documents or records relevant to a case, such as business records, emails, contracts, medical records, or financial documents. This type of subpoena is often used in both criminal and civil investigations to gather evidence that can either support or disprove claims made during the case. For example, medical documentation in personal injury claims is frequently requested to verify the extent of injuries and the impact on the victim's life.
Both types of subpoenas are essential in gathering information that helps lawyers, investigators, and courts piece together the facts of a case. Understanding the nature of the subpoena you're receiving is the first step toward compliance.

How Subpoenas Are Issued

Subpoenas are typically issued by the court or an attorney involved in a case. The prosecution may issue subpoenas to compel witnesses to testify or provide evidence in criminal cases. In contrast, in civil cases, either party can issue subpoenas to gather information from the opposing side or third parties.
The person issuing the subpoena is responsible for ensuring it is properly served. Depending on the jurisdiction, service can be carried out by a law enforcement officer, process server, or sometimes by mail. Proper service is crucial, as a subpoena may not be legally binding without it.

Responding to a Subpoena

When you receive a subpoena, it's crucial to understand your legal obligations. Failure to respond to a subpoena can result in legal penalties, including fines or contempt of court charges. Here's how you should proceed when you receive one:

1. Review the Subpoena Carefully

• Date and Time: Pay attention to the deadline specified for your appearance or document production. Missing deadlines can result in legal consequences.
• Type of Subpoena: Understand whether you are being asked to testify or provide documents. Ensure that you comply with the correct request.
• Jurisdiction: Check if the subpoena is from a court within your jurisdiction. If you live out of state, special rules may apply.

2. Seek Legal Advice
If you are uncertain about how to respond to the subpoena, it's advisable to consult with an attorney, particularly if you are worried about any potential legal implications. In California, a criminal defense lawyer can help you navigate the complexities of subpoena compliance, ensuring that your rights are protected while fulfilling your legal obligations.

3. Object to the Subpoena (If Applicable)
In some cases, you may have valid reasons to object to the subpoena. This can include situations where the subpoena is overly broad, requests irrelevant information, or invades your privacy. If you have objections, you may file a motion to quash the subpoena. This motion, filed with the court, asks the judge to invalidate the subpoena.
If the subpoena requests privileged information, such as attorney-client communications or medical records, you may be entitled to protect that information. Your attorney can assist you in raising appropriate objections.

4. Comply with the Subpoena
If the subpoena is valid and you have no objections, you must comply by providing the requested testimony or documents. If you are subpoenaed to testify, you must attend the hearing or trial at the specified date and time.
If you are asked to produce documents, ensure that you provide the correct and relevant documents as requested. Failing to provide the required information can result in penalties or even arrest.

5. Subpoena for International or Remote Appearances
In some cases, subpoenas can be served internationally or require remote participation, such as through video conferencing. If you are subpoenaed from a different state or country, special rules may apply. It's crucial to seek guidance from your attorney on how to comply under these circumstances.

Legal Consequences of Ignoring or Violating a Subpoena

What happens if a victim or witness refuses to testify? They could face legal consequences such as:

Contempt of Court:
Contempt of court charges can be filed against individuals who decline to comply with a subpoena. This can result in fines, imprisonment, or both, depending on the severity of the non-compliance.

Fines:
Individuals who fail to appear or produce the required documents can be fined by the court. These fines can increase if non-compliance is deemed intentional or willful.

Default Judgment:
In civil cases, if you refuse to comply with a subpoena, the court may issue a default judgment against you. This can result in the court ruling in favor of the other party, potentially costing you the case.

Arrest:
In some cases, particularly in criminal investigations, failure to comply with a subpoena could lead to your arrest. A judge can issue a bench warrant for your arrest if you repeatedly refuse to comply.

Subpoenas Attorney in California

If you're involved in a criminal case or any legal matter where subpoenas are issued, consulting with a skilled criminal defense lawyer is crucial. A lawyer can explain the legal implications of the subpoena and guide you through the process, whether you're asked to testify, produce documents, or fulfill other legal requirements. This ensures your rights are protected while complying with the law.
Bulldog Law, a trusted criminal defense firm in California, specializes in subpoena-related issues. Their skilled attorneys help clients navigate complex legal procedures, including objections and motions to quash. If you've received a subpoena and need guidance, we are here to provide expert advice and support.