{"id":369008,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/what-is-a-subpoena.html"},"modified":"2023-09-20T08:31:18","modified_gmt":"2023-09-20T13:31:18","slug":"what-is-a-subpoena","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/what-is-a-subpoena.html","title":{"rendered":"What Is a Subpoena?"},"content":{"rendered":"\n
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What Is a Subpoena?<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A subpoena is a request for the production of documents or a request to appear in a court case or other legal proceeding. It is a court-ordered command that requires you to do something, such as testify<\/a> or present information that may help support the facts at issue in a pending case.<\/p>\r\n

The term subpoena<\/a> literally means "under penalty." A person who receives a subpoena but does not comply with its terms may be subject to civil or criminal penalties, such as fines, jail time, or both.<\/p>\r\n

There are two types of subpoenas. The first, subpoena ad testificandum<\/a>, requires you to testify. Parties may use these subpoenas to issue a deposition <\/a>subpoena or to appear in court. The second, subpoena duces tecum<\/a>, requires you to produce documents, materials, or other tangible evidence<\/a>. A party may request a subpoena in any matter. Parties often request subpoenas in divorce<\/a>, child custody<\/a>, personal injury<\/a>, and sex offender cases.<\/p>\r\n

What Are Subpoenas Used For?<\/h2>\r\n

Under state and federal civil<\/a> or criminal procedural<\/a> laws, subpoenas offer the requesting party a chance to obtain information to help their client’s case. Criminal attorneys, for example, often use subpoenas to get witness or lay opinion<\/a> testimony from a non-party in a criminal case. Such evidence may lead to someone’s guilt or innocence at trial.<\/p>\r\n

Similarly, civil attorneys often subpoena individuals in civil cases to obtain information that may help settle<\/a> someone’s claim. For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody<\/a> arrangements.<\/p>\r\n

Other examples of subpoenas may include requests for:<\/p>\r\n