Summons Vs Subpoena

What’s the Difference Between a Summons and a Subpoena?

Understanding Legal Notices

Getting any kind of legal notice can be stressful – whether it’s a summons, subpoena, or something else entirely. It’s natural to feel anxious when you receive an official document from a court or government agency. But it’s important to stay calm and understand exactly what the notice means for you.A summons and a subpoena are two of the most common types of legal notices, but they have very different purposes. Knowing the distinction between them is crucial, because how you respond can have major implications. In this article, we’ll break down the key differences so you can be prepared if you ever find yourself on the receiving end.

What is a Summons?

A summons is a legal document that orders you to appear in court on a specific date and time. It initiates a lawsuit or criminal case against you.When you get a summons, it means you are being sued or charged with a crime. The summons itself doesn’t provide many details – it just tells you when and where to show up. The actual complaint or charges will be included separately.There are a few different types of summonses:

• Civil summons – This starts a civil lawsuit, like for breach of contract, personal injury, etc. It comes from the plaintiff suing you.
• Criminal summons – This summons you to court to face criminal charges from the government. It’s often called a “desk appearance ticket” for lower-level crimes.
• Jury summons – This requires you to report for potential jury duty service.

No matter what kind it is, ignoring a summons is a really bad idea. Failure to appear can result in a default judgment against you in a civil case, or a warrant for your arrest in a criminal matter.

What is a Subpoena?

A subpoena, on the other hand, doesn’t require you to show up to court yourself. Instead, it compels you to either:

1. Testify as a witness
2. Produce certain documents or records

So a subpoena is just a demand for information or testimony related to a legal case that you’re not necessarily a party to. It can come from either the prosecution or defense.There are two main types of subpoenas:

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Legal Scenario: What Would You Do?

Scenario

You receive two different legal documents in the mail on the same day — one labeled 'Summons' from a civil court requiring you to appear as a defendant in a lawsuit, and another labeled 'Subpoena' demanding you bring certain financial records to a hearing in a completely separate case. You're confused about what each document requires and what happens if you ignore either one.

What are the consequences of ignoring a summons versus ignoring a subpoena, and do I need to respond to both differently?

Attorney's Answer

Yes, a summons and a subpoena carry different obligations and different consequences for noncompliance. A summons notifies you that a legal action has been filed against you and typically requires you to file a formal response with the court within a set timeframe — usually 20 to 30 days under Federal Rule of Civil Procedure 12(a) — or risk a default judgment being entered against you. A subpoena, governed by Federal Rule of Civil Procedure 45, compels you to testify or produce documents, and ignoring it can result in being held in contempt of court under 18 U.S.C. § 401, which may lead to fines or even jail time. You should consult an attorney immediately to ensure you respond properly to both documents and protect your legal rights.

This is general information only. Contact us for advice specific to your situation.

• Subpoena ad testificandum – This requires you to show up and give testimony about something you witnessed or have knowledge of. It’s asking you “to testify.”
• Subpoena duces tecum – This demands you hand over specified documents, records, data, or other evidence. It’s asking you “to bring with force of law.”

Basically, a subpoena doesn’t get you directly involved as a defendant or plaintiff. You’re just being called as a third-party to provide information relevant to someone else’s case. But not complying can lead to civil or criminal penalties for contempt of court.

Key Differences