A subpoena is a legal command, not a request. It requires you to testify, produce documents, or both. Courts or authorized parties issue them across civil, criminal, investigative, and administrative proceedings. Ignore one, and you’re risking contempt, fines, sanctions, or even arrest. You can respond by reviewing deadlines, preserving evidence, and confirming the issuing court’s legitimacy. You can also object or file a motion to quash on valid grounds. Here’s what you’ll want to know next.
Key Takeaways
- A subpoena is a legally binding command not a request issued by a court or authorized party requiring testimony, documents, or both.
- The two main types are the *ad testificandum* (compels testimony) and the *duces tecum* (compels production of documents or evidence).
- Subpoenas appear across civil, criminal, investigative, and administrative proceedings, including deposition, trial, bankruptcy, and agency forms.
- Ignoring a subpoena risks contempt findings, fines, sanctions, attorney’s fee shifting, motions to compel, or arrest in extreme cases.
- Respond by reviewing deadlines, verifying legitimacy, preserving responsive documents, and filing objections or a motion to quash when valid grounds exist.
What is a subpoena
A subpoena is a legal command, not a request, issued by a court or an authorized party. When you receive one, you’re legally obligated to comply, whether it demands your testimony, documents, or both. Ignoring it isn’t an option. Failure to respond can trigger contempt findings or court sanctions.
Subpoenas arise across civil litigation, criminal cases, investigations, and administrative proceedings. In federal matters, Rule 45 governs subpoenas for hearings, trials, and depositions, setting the framework for what’s required and how you must respond.
You might be commanded to appear and give sworn testimony, produce records and electronically stored information, or hand over tangible evidence. Understanding the specific command, and the authority behind it, is your first step toward responding correctly and protecting your interests.
What the main types of subpoenas are
Subpoenas come in distinct types, and identifying which one you’ve received determines how you respond. A subpoena ad testificandum commands you to appear and testify, whether before a court or another authorized body. A subpoena duces tecum requires you to produce documents, records, or other tangible evidence. A deposition subpoena compels sworn testimony during discovery, often outside the courtroom. A trial subpoena directs you to attend a hearing or trial and give evidence. Bankruptcy and agency subpoenas apply specialized forms and procedures tied to their specific proceedings. Some subpoenas combine testimony and production, demanding both your appearance and your records. Identify the type you’ve received, since each carries different obligations, deadlines, and consequences you can’t afford to overlook.
How the two types compare (testimony vs documents)
The subpoena ad testificandum and the subpoena duces tecum differ in what they compel: one compels you to appear and testify, the other compels you to produce documents, records, or tangible evidence. You’ll often see both combined in a single command.
| Factor | Ad Testificandum | Duces Tecum |
|---|---|---|
| Demands | Testimony | Documents/evidence |
| Appearance | Required in person | Often production only |
| Common venue | Deposition, trial | Discovery, investigations |
| Preparation | Recall, review facts | Collect, preserve, review |
| Key objection | Privilege, relevance | Burden, confidentiality |
When you receive either, identify what’s demanded, note deadlines, and preserve responsive material immediately. Treat a combined subpoena as two obligations running concurrently.
What happens if you ignore a subpoena
Ignoring a subpoena triggers real legal consequences, because it is a legal command, not routine paperwork. When you fail to comply, the court can hold you in contempt, exposing you to fines, sanctions, or even arrest in extreme cases. The requesting party can file a motion to compel, forcing your appearance or production and often shifting attorney’s fees onto you. Judges rarely tolerate silence; they expect either compliance or a timely objection or motion to quash. If you had valid grounds to resist but stayed quiet, you likely waive those defenses. Don’t assume the deadline will pass unnoticed. Instead, respond promptly, preserve responsive materials, and consult counsel. Acting within the objection window protects your rights and shields you from escalating penalties.
How to respond to a subpoena properly
Respond to a subpoena properly by reading it immediately and noting every deadline, appearance dates, production dates, and objection windows. Confirm the issuing court, case number, and requesting party to verify the document’s legitimacy.
Preserve all potentially responsive documents and data right away, including emails and stored information. Don’t alter or destroy anything, even material you think is irrelevant. Keep original records intact and maintain a clear document trail.
Review each request for overbreadth, privilege, confidentiality, or undue burden. When valid grounds exist, prepare timely objections or a motion to quash. If no objection applies, produce compliant materials on time.
Coordinate with legal counsel before discussing the subpoena with outside parties.
When you can challenge or quash a subpoena
You can challenge or quash a subpoena when specific legal grounds exist, because a subpoena is a command but you’re not always bound to comply with it as written. Move to quash when the subpoena imposes an undue burden, demands privileged material, or fails to allow reasonable time to comply. You can also object when it requires disclosing confidential or trade secret information, or when it exceeds the geographic limits set under Rule 45.
Overbreadth and irrelevance give you further grounds to narrow or defeat the request. File your objection or motion promptly, since deadlines often run within 7 to 14 days. Support your challenge with specific facts, not conclusory assertions. When valid grounds exist, the court can quash, modify, or condition compliance to protect your interests.
How Cobb Defense helps you respond to a subpoena
Cobb Defense helps you respond to a subpoena by moving fast to protect your rights and control your exposure. We evaluate the command, identify the issuing court, and pinpoint every deadline before you risk contempt or sanctions. Our team evaluates the requests for overbreadth, privilege, confidentiality, and undue burden, then builds the strongest response strategy available under Rule 45 and applicable local practice.
A subpoena starts the clock, act fast to protect your rights and control your exposure before deadlines turn into sanctions.
- Evaluating whether to comply, object, or file a motion to quash
- Preserving responsive documents and ESI to prevent spoliation claims
- Drafting timely, precise objections within the required window
- Producing compliant materials while shielding privileged information
You don’t navigate this alone. We coordinate every step, manage negotiations with the requesting party, and safeguard your interests throughout.
Respond to a Subpoena Carefully
A subpoena can require you to appear in court, provide testimony, or produce documents and other evidence. Ignoring one can lead to serious consequences, while responding incorrectly can create problems for your case or legal rights. Cobb Defense handles criminal defense matters in Georgia and can review the subpoena, explain your obligations, and determine whether objections or other legal protections may apply.
Call (770) 627-3221 or contact us to discuss a subpoena you have received.
Frequently Asked Questions
Who Can Legally Issue or Serve a Subpoena?
The person authorized to issue a subpoena depends on whether the case is in state or federal court and the type of proceeding involved. In federal civil cases, an attorney authorized to practice before the court can issue and sign a subpoena. Service generally must be completed by someone who is at least 18 years old and is not a party to the case. Georgia state court proceedings have their own subpoena rules, so the specific court and case type matter.
Can I Be Reimbursed for Subpoena Compliance Costs?
You may be entitled to reimbursement for certain reasonable expenses, particularly when complying with a subpoena would impose significant costs. Federal Rule of Civil Procedure 45 requires the issuing party to take reasonable steps to avoid imposing undue burden or expense on a subpoena recipient and provides protections for non-parties facing substantial compliance costs. The available protection depends on the type of subpoena and applicable court rules. If compliance is expensive or burdensome, raise the issue promptly rather than ignoring the subpoena.
Does a Subpoena Expire After a Certain Time?
A subpoena does not have one universal expiration period. It generally specifies when you must appear or produce the requested information, and you remain subject to its requirements unless it is satisfied, modified, quashed, or otherwise terminated. If the date has passed or the underlying case has changed, do not assume the subpoena is automatically irrelevant. Confirm its current status with the issuing attorney or court before taking no action.
Can a Subpoena Cross State Lines?
Yes, but a subpoena issued in one state may require additional procedures before it can compel compliance from someone located in another state. Federal Rule 45 generally limits the locations where a person can be required to appear and restricts the geographic reach of subpoenas. For state court cases, the Uniform Interstate Depositions and Discovery Act may provide a process for obtaining and serving a subpoena in another state. The applicable procedure depends on the court and jurisdiction involved.
Are Minors or Family Members Exempt From Subpoenas?
No. Being a minor or a relative of someone involved in a case does not automatically make a person exempt from a subpoena. A court can require a minor to provide testimony or records, although additional protections may apply depending on the circumstances. Family relationships may also create specific privileges in some cases, but a privilege does not automatically invalidate a subpoena. Any objection or privilege should be raised through the appropriate legal process.
