Frequently Asked Questions About Subpeonas
One of Our Court Reporting Services for All Areas of Practice
Cady Reporting offers the latest in state-of-the-art realtime reporting, legal video, trial support and conference hosting!
The Most Frequently Asked Questions About Subpoenas
What is a Subpoena?
A subpoena is a legal document that demands the presence of a person to testify (be it for a deposition or trial) as a witness at a specific date, time, and location. They are time sensitive, and must be confirmed within a certain time frame. The person receiving the subpoena usually has to produce documents or potentially evidence for the legal proceeding.
Who issues the Subpoena?
An attorney or individual can issue a subpoena with court-supplied forms, and can be issued for any type of case. Government agencies conducting investigations may also issue a subpoena.
What are the different types of Subpoena?
There are three different types of subpoenas.
- Witness Subpoena– a court order that requires a person to appear in court to testify as a witness on a specific date.
- Subpoena Duces Tecum– stands for “subpoena for production of evidence.” The person subpoenaed to required to produce documents or records on a certain date that are relevant to a case. This can often be done through mail or email if arranged in advance.
- Deposition Subpoena– a person who is not a party to a lawsuit must provide copies of business records, or appear at a deposition to answer questions, if asked by one party of a lawsuit. This is usually issued before trial and may not even be used during an actual hearing.
What is a “Service of Process?”
A “service of process” is the delivery of a court order to an individual or company. A service of process could be an “Summons and Complaint” that initiates a lawsuit, or a subpoena. A “summons and complaint” requests that an individual or representative of a company appear in court to defend oneself.
What is required from a “Service of Process?”
For both “summons and complaint” and “subpoenas,” the formal documents or testimonies requested must be delivered.
What are the penalties if a subpoena is ignored/not complied with?
If a person does not respond to the subpoena, there area number of ways they may be published– from monetary sanctions to imprisonment (though that is rare). A hearing is held for the person charged with noncompliance, and the court determines how appropriate their noncompliance is. It is better to simply oblige to a subpoena, as the court will likely just order the person to produce the documents, and they will be charged with attorneys’ fees.
Schedule a Service!
Our Cleveland, Ohio Offices
Western Reserve Building
1468 West 9th Street
Cleveland, Ohio 44113
Cleveland, Ohio Court Reporters
Cleveland Legal and Court Reporting News
The climate crisis "is more severe than anticipated, threatening natural ecosystems and the fate of humanity," thousands of scientists said in a dire warning. More than 11,000 scientists from around the world issued a dire warning Tuesday that the world must take...
"Ugh, I can't do any of this today." When your brain is feeling burnt out, it might just be tired of switching back and forth between fast and slow decisions. What are those? Fast and slow choices have to do with how your brain processes things. When we understand...
Credit: Travel + Leisure Travel is difficult for any type of professional. Packing up your things and hauling them to a new place is always draining, no matter how long the trip. A recent article by the New York Times illustrated some great ways to make travel...
As the weather starts turning colder, those germs are flourishing! One of the things you can do to fight them off is to eat something delicious! No, sadly a cheeseburger is probably not the delightful thing that will help you fight off cold and flu germs. However,...
Have you ever met Mr. Mark Biggerman? Well, if you have met him, you can get to know him a little bit better, and if you haven't I can guarantee you he has some pretty great advice for attorneys. Mr. Biggerman has represented both individuals and business clients in...
At Cady Reporting, we work to make sure our clients are as comfortable with their upcoming legal proceedings as possible. To make sure they are familiar with the process every step of the way, we offer our deposition checklist. When scheduling a deposition, attorneys...