A summons differs from a subpoena primarily in purpose and audience: a summons notifies a defendant that they’re being sued and must respond to legal action, while a subpoena compels witnesses or third parties to provide testimony or evidence in an existing case. Both are legally binding court orders, but a summons marks the beginning of litigation against you. In contrast, a subpoena requests your involvement as a witness or document holder in someone else’s legal matter.
Many people mistakenly believe that a summons vs. subpoena are interchangeable legal terms, but understanding the distinction could significantly impact how you respond to either document. Both carry serious legal weight, but knowing which one you’ve received determines your next steps and legal obligations.
What Is a Subpoena?
A subpoena is a court-ordered command that requires you to either testify or produce information that could be helpful to either party in a legal proceeding. Subpoenas are used in both criminal and civil cases to compel someone to comply with a request for testimony or information.
There are two types of subpoenas that serve different purposes:
- Subpoena ad testificandum: It requires you to appear in court and provide verbal testimony about what you know regarding the case.
- Subpoena duces tecum: It requires you to submit evidence to the court in the form of documentation, records, or other tangible information.
Sometimes, you may receive a subpoena that combines both requirements, asking you to bring documents and testify about them.
What’s Included in a Subpoena?
Subpoenas contain specific information to ensure legal compliance. Every subpoena must clearly identify the government or court authority requiring your presence or documents. The document will specify the matter in question, whether it’s a lawsuit, criminal investigation, or administrative hearing.
The subpoena includes critical details about when and where you’re ordered to appear or by what date you must produce documents. Additionally, it outlines the penalty associated with not complying with the subpoena or failing to appear at the appointed time and place, which can include fines or even jail time for contempt of court.
How Can I Serve A Subpoena?
Subpoenas can be served through three primary methods, each with distinct advantages and considerations. Proper service ensures the subpoena is legally valid and that the recipient has been properly notified of their obligations.
Registered and Certified Mail
This is a special USPS service that provides confirmation of delivery to the sender. After the item has been mailed, the sender receives an official receipt with a tracking number. This method requires the mail carrier to obtain the signature of the recipient, creating a paper trail that proves the subpoena was delivered.
However, this method can be less reliable if the recipient refuses to sign or isn’t available to receive the mail.
Hand Delivered by the Sheriff
Using sheriffs to serve subpoenas may seem straightforward, but it has limitations. Whether you pay the sheriff or have the court waive the fee for serving the subpoena, the sheriff is typically only required to attempt service once. If the recipient isn’t home or refuses to answer the door, you may need to arrange for additional attempts, which can delay your case.
Served by a Professional Process Server
If you want the subpoena served reliably and on time, using a professional subpoena service is the best option. These trained specialists will hand-deliver the document directly to the recipient. They make multiple attempts throughout the day to ensure successful delivery, even tracking the recipient’s schedule to maximize the chances of personal service.
Since registered mail can be unreliable and sheriffs may only attempt service once, hiring a registered process server ensures your documents are delivered properly.
Do I Have To Go to Court if I Receive a Subpoena?
What to do if subpoenaed is simple: you must comply. Subpoenas are court orders, which means they’re legally binding regardless of your affiliation with the case. Whether you know the parties involved or have any interest in the outcome, you must obey the subpoena’s requirements.
If you don’t obey a subpoena, you will be held in contempt of court. This serious consequence can lead to substantial fines or even jail time. However, there are limited circumstances where you might challenge or modify a subpoena, such as if it requests privileged information or creates an undue burden.
In such cases, you must file a motion to quash or modify the subpoena before the compliance deadline.
What Is a Summons?
A summons is more common than a subpoena and is served at the very beginning of a case. It officially notifies the defendant that they’re being sued and must respond to the legal action filed against them.
Unlike a subpoena, which involves third-party witnesses, a summons makes you a central party to the litigation. The court summons represents the plaintiff’s formal notification that they’re seeking legal remedy against you.
What’s Included in a Summons?
A summons contains specific information required by law. It must include the name of the court that is issuing the document and the name of the party receiving it. The summons lists the names of both the plaintiff and the defendant clearly.
The document will show the index number assigned by the court to the case for tracking purposes. It provides an overview of the legal claims being made against the defendant.
Most importantly, the summons specifies the schedule the defendant needs to follow to respond, typically 20 or 30 days depending on how it was served. Finally, it includes detailed information on how the person receiving the summons should respond, including whether to file an answer or make a motion.
How Can I Serve A Summons?
In New York City, a summons can be served by the sheriff, a reputable process server, or someone over 18 who isn’t linked to the case and is a resident of New York. This person may not have served more than five summonses in the course of a year to be eligible for this role. Most plaintiffs prefer using professional servers because they understand proper service requirements and can document the process thoroughly.
Do I Have To Go to Court if I Receive a Summons?
Absolutely. Just like a subpoena, a summons cannot be ignored. It’s both legally binding and crucial to a balanced and fair trial.
However, unlike a subpoena, you may not be fined or jailed for not answering a summons. Instead, the result of your failure to honor the summons would be that the plaintiff gets a default judgment against you. This means the plaintiff wins automatically without you having the opportunity to defend yourself or present your side of the story.
Once the case has been concluded and judgment entered, whatever the judge’s decision is becomes final. Therefore, regardless of whether you think the case and its contents are fair, if you want to protect your interests, you need to file a response and appear in court.
Ignoring a court summons essentially means giving up your right to contest the claims made against you.
Frequently Asked Questions
Can I Refuse a Subpoena if I Don’t Want To Testify?
You cannot simply refuse a subpoena because you don’t want to participate. However, you may file a motion to quash the subpoena if you have valid legal grounds, such as privilege, undue burden, or if the subpoena requests irrelevant information.
An attorney can help you determine whether challenging the subpoena is appropriate in your situation. Ignoring it without legal action will result in contempt charges.
How Much Time Do I Have to Respond to a Summons?
In New York, you typically have 20 days to respond if the summons was personally delivered to you, or 30 days if it was served by another method. The summons document will specify your exact deadline. Missing this deadline results in default judgment, meaning the plaintiff automatically wins.
Can I Be Subpoenaed for a Case in Another State?
Yes, through a process called domestication, subpoenas can be issued across state lines. The requesting party must follow specific procedures under the Uniform Interstate Depositions and Discovery Act.
You may still challenge the subpoena based on distance or burden. However, federal cases have broader reach.
Do I Need a Lawyer if I Receive a Summons or Subpoena?
While not legally required, consulting an attorney is highly advisable for either document. For a summons, an attorney can help you file a proper response and defend your interests. For a subpoena, a lawyer can determine if you have grounds to challenge it or if any information requested is privileged.
Understanding Summons vs. Subpoena for Your Legal Needs
Whether you’re involved in a legal dispute or starting a civil case, understanding summons vs. subpoena ensures you respond appropriately to court orders. A summons makes you a defendant who must actively defend yourself, while a subpoena requires you to assist as a witness or information provider. Both documents demand serious attention and timely responses to avoid legal consequences.
Finding an honest, meticulous, and reliable process server in New York City is as easy as hiring a server from Serve Index. Let us know the service you need to receive a quote.