What Is Subpoena?

Subpoenas are issued by courts, grand juries, or administrative agencies during legal proceedings and investigations. A subpoena ad testificandum requires the recipient to appear and provide sworn testimony at a deposition, hearing, or trial. A subpoena duces tecum requires production of specific documents, records, or other tangible evidence. Subpoenas can be served on parties to a case and on non-parties (third-party subpoenas). Recipients may challenge a subpoena by filing a motion to quash — arguing it is overbroad, unduly burdensome, seeks privileged information, or was improperly served. Compliance deadlines are specified on the subpoena itself. Attorney-client privilege protects communications with your lawyer from subpoena in most circumstances. Failure to comply with a valid subpoena without a successful motion to quash can result in civil or criminal contempt sanctions.

If you or your business receives a subpoena, consulting an attorney before responding is critical. The scope of document production can be negotiated, privileged materials must be protected, and the response must be handled carefully to avoid contempt while preserving your legal position.