Subpoena

Have questions about what the legal definition and meaning of subpoena is, how this type of document can be legally served and by whom?

The good news is that you are about to read the best helpful resource guide to get answers to some of the most frequently asked questions about subpoenas and more!

What Is a Subpoena?

A subpoena is a legal document issued by a court or government agency instructing an individual, group, or entity to perform a specific action. The following include purposes of a subpoena:

• Summon someone to court: This can be to testify as a witness in a court proceeding such as trials or depositions.
• Produce documents: Bring or present records or any evidence that has significance in a case and is a valid reason for why a subpoena should be issued.

A court can order a subpoena in both civil and criminal cases, primarily to instruct witnesses to testify.

Once a subpoena is issued, the individual has a legal obligation to comply and cooperate to help the case award justice.

Some scenarios where a subpoena can be issued include:

• To summon a witness to testify in a criminal case against the defendant.
• To subpoena someone to furnish their phone records as a means to establish evidence.

What Are the Main Types of Subpoenas?

There are different types of subpoenas that exist, with their differences being based on their nature and the legal purpose they serve. The main types include the following:

• Subpoena Ad Testificandum (Witness subpoena)
• Subpoena Duces Tecum
• Deposition subpoena
• Grand Jury Subpoena

Subpoena Ad Testificandum (Witness subpeona):

A Subpoena Ad Testificandum summons an individual to the court to testify in a legal proceeding. The witness is obligated to testify under oath and be absolutely truthful about the statements they provide.

Subpoena Duces Tecum:

Subpoena Duces Tecum instructs the individual, entity, or group to produce documents such as phone records, finance statements, etc., or physical objects that are deemed essential for the legal proceeding or as evidence.

Deposition subpoena:

As the name suggests, this type of subpoena takes place at deposition, a type of discovery before the commencement of trial, and requires an individual or entity to produce physical objects, records, or documents at the hearing or appear to testify as a witness.

Grand Jury Subpoena:

This type of subpoena is issued by a grand jury and is often used in criminal cases to understand if there is evidence against the defendant that proves them guilty beyond a reasonable doubt. This subpoena can instruct them to testify as a witness or produce documents.

What Are the Requisites To Issue a Subpoena?

The requisites to issue a subpoena include the following:

For starters, a subpoena cannot be issued just for the sake of it or without a valid reason.

Additionally, the following must be taken into consideration while issuing a subpoena:

• A subpoena cannot be vague or insufficient with data. It must clearly state its intent and the reason behind issuance.
• A subpoena cannot be used to coerce any party into an action or threaten them to side with a party.
• A subpoena must be issued by giving sufficient time to receive, acknowledge, and prepare. It cannot be issued in a manner that creates haste for the party to whom it is issued.
• A subpoena must be issued along with a completed Proof of Service as proof of delivery.

Who Has the Authority To Issue a Subpoena?

The following parties can issue a subpoena depending on the circumstances:

• Court: Most commonly, subpoenas are issued by the court to fulfill or support a legal proceeding. A federal, state, or local court has the authority to issue.
• Grand Jury: As we have already seen, a grand jury investigating a criminal case can issue a subpoena.
• Attorneys: If an individual seeks legal counsel to represent them in a case, the attorney can issue a subpoena on the client’s behalf.
• Government agencies: As part of an ongoing investigation, government agencies can also issue subpoenas for their own purposes and proceedings. Examples of U.S. federal government agencies with this power include:
  • IRS (Internal Revenue Service)
  • SEC (Securities and Exchange Commission)
  • FBI (Federal Bureau of Investigation)
  • FTC (Federal Trade Commission)
• The President of the United States: The President can issue a subpoena on behalf of the military.
• Pro Se (self-represented litigant): A self-represented individual in a legal proceeding can also have the authority to issue a subpoena.

How Is a Subpoena Legally Served?

Proper issuance of a subpoena is necessary to ensure its validity and has specific requirements, which include the following steps for how it must be served according to the law.

Before authorities can legally serve a subpoena, they must identify the recipient and their relevant contact details, such as their address.

• Prepare the subpoena: Ensure to outline why it is issued, to whom, its relevance to the case in point, and its specific instruction, i.e., to testify or produce a document or object. The date, time, and location of where the recipient must appear.
• Serve the subpoena: This can be done in different ways:
  • In-Person delivery: Here, the subpoena is delivered personally by a process server or sheriff’s deputy. This ensures the recipient gets the order in hand.
  • Reading it out loud: A subpoena can be served by reading its contents out loud to the receiving party.
  • Sending it via U.S. certified mail. A subpoena can be sent as certified mail via the United States Postal Service (which includes a return receipt). If the person has signed for their receipt of the mail’s delivery, the subpoena is deemed to be served and is valid. When in-person delivery is not possible, USPS mail can be an effective alternative.
• To an attorney: If the recipient has a legal counsel representing them, the subpoena can also be issued to them.
• Service by Publication: When the recipient’s whereabouts are unknown, a subpoena can be issued through what is known as Service by Publication, which involves a court issuing the subpoena by printing a notice in a newspaper or publication.
  This is considered only in rare instances and as a last resort when a defendant is intentionally hiding, or their whereabouts are unknown.

Once issued, the individual who issued the subpoena must ensure to collect a Proof of Service to prove that proper service was made. This proof of service must also be filed in the court or government agency.

What Makes a Subpoena Invalid?

A subpoena can be considered legally invalid if it fails to meet specific requirements. Let’s see what some of them are:

• Improper Service: One of the most common and binding reasons for a subpoena becoming invalid is when proper service has not been observed.
• Time Period: A subpoena can be deemed invalid if the issuer has not provided sufficient time period for the recipient to receive, acknowledge, and comply with its included orders.
  For instance, issuing it on short notice in situations where the recipient requires time to travel can be a reason to challenge the subpoena’s validity, as it failed to allow reasonable time for compliance.
• Incorrect Format: A subpoena must contain many essential details, including the reason for issuance, things to comply with, and more. It can be deemed invalid if these essential details are not clearly mentioned or if the subpoena is overly vague in stating its purpose.
• Breaking Legally Privileged info: Some sensitive data can be under legal protection, and requesting these can be rejected. An example of this is requesting doctor-patient confidential information without any basis.
• Malicious Intent: If the subpoena is issued with the intent to intimidate or harass an individual, organization, or entity, its validity can be challenged.
• Jurisdiction: While issuing a subpoena, appropriate jurisdiction laws and rules must be abided to avoid it being invalidated.

Does a Subpoena Have To Be Served In Person?

No, delivering a subpoena in person is not legally required, although it is considered the best manner of issuance. In cases where it is not possible to deliver in person, registered mail services are to be used along with a return receipt to ensure proof of delivery.

What Happens If You Ignore a Subpoena?

Ignoring a subpoena can have several severe legal consequences and is a serious misstep that should not be done. According to Rule 176.6. of the Texas Rules of Civil Procedure,

person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the witness.

The following include some of the legal actions that can be taken against someone ignoring a subpoena:

• Contempt of Court: First and foremost, disobeying a subpoena can be considered as Contempt of Court. Disobeying the court’s orders can result in fines, sanctions, or even jail time.
• Default Judgment: If you are a defendant in a case and disobey a subpoena, it can lead to a default judgment. This means the court will rule in favor of the plaintiff.
• Arrest: If you repeatedly ignore subpoenas, it may result in the court issuing an arrest warrant and detaining you till you comply.

What Are Valid Reasons For Objecting To a Subpoena?

If you are issued with a subpoena, you can object to it under the following grounds:

• If the subpoena Is not properly served to you.
• If it is overly broad or vague and doesn’t clearly specify its intent.
• It can also be challenged if the content is missing important information, such as the reason for issuance, court appearance details, addresses, dates, and the like.
• Requests protected information
• Seeks information that has no valid contribution or relevance to the case
• Brings undue burden on the recipient. This can be in terms of expenses or being cumbersome.
• Another instance where a subpoena can objected to is if producing the required documents mentioned included in it is exceptionally time-consuming.
• If it violates or poses a threat to Fourth Amendment rights that protect an individual from all unreasonable searches or capture of their possessions.

What Is the Difference Between a Subpoena Duces Tecum and a Subpoena Ad Testificandum?

A Subpoena Ad Testificandum instructs a person, organization, or entity to appear before a court or agency to testify as a witness. In contrast, Subpoena Duces Tecum instructs an individual, entity, or group to produce documents such as phone records, finance statements, etc., or physical objects deemed necessary for the legal proceeding or as evidence.

Are Subpoenas Public Record?

As a general rule, subpoenas are not filed on the record (made public record by a court). Many times, subpoenas contain sensitive and/or personal information that is protected from the general public. However, there are exceptions to this, and usually, it differs from one jurisdiction to another.

If an individual, organization, or entity requests these via Freedom of Information Requests, the subpoena may be shared while withholding privileged or protected information.

In some criminal trials, subpoenas may be disclosed to the public. However, this depends on a case-to-case basis.

A subpoena issued by the grand jury can only be made public if the grand jury returns an indictment.

Can My Phone Records Be Subpoenaed Without My Knowledge?

Yes, it is possible to subpoena your phone records without your knowledge. However, it can vary from jurisdiction to jurisdiction.

Phone records can constitute essential evidence in many lawsuits. Phone records show details such as the duration of the call, list of callers, time, and sometimes location of the call.

This can be used to prove many facts in a civil or criminal case. For instance, in a divorce case, phone records can be used to prove infidelity, hidden finances, or any violation.

When a phone record is subpoenaed, the telecom company is not required to inform the individual about the request.

Instead, it is the responsibility of the issuer of the subpoena to notify the recipient.

The cost for subpoenaing phone records is typically an upfront rate set by the specific telecommunications company. The charge for the record retrieval can be $25 on the low end and more than $1,000 on the high end.

Can Medical Records Be Subpoenaed?

Yes, medical records can be subpoenaed since they are not considered to be privileged information in many jurisdictions. This implies a patient’s consent may not always be required to present medical records as evidence in a lawsuit.

However, it is critical to note that some jurisdictions have more restrictive rules in place when it comes to mental health records, such as psychological examinations and testing.

If the medical record has any confidential or privileged information, you can get help from an experienced attorney to object to the subpoena.

How To Pronounce Subpoena?

The following is the proper American English pronunciation of the word subpoena (The ‘b’ is silent):

• Suh – pee – nuh (The emphasis is on the second syllable.)