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
It's October!! This is my favorite month of the year. It's cool, cozy and you can't beat the sweaters. October is gearing up to be a busy month for our court reporters here at Cady Reporting. We're covering depositions around the state and scheduling depositions all...
Say hello to Mr. Gregory Guice from Reminger law firm in Cleveland, Ohio! This Rising Star and Superlawyer is a shareholder in the Reminger law firm. He also chairs the Retail & Hospitality Practice Group and Diversity Committee. Mr. Guice's practice covers a wide...
What in the world (of probate) is IIEI? IIEI stands for intentional interference with an expectation of an inheritance. This deliberate interference is something that has been recognized in Estate & Trust Litigation since 1979. The Restatement (Second) of Torts...
"I've been a lawyer for about 13 or 14 years now, and of all the projects I've ever worked on, I've never seen such an outpouring of people seeking help, I'm not exaggerating when I say that I talk to at least 10 families a day." Vaping is inhaling and exhaling an...
Cady Reporting is pleased to announce our new page on booking a court reporter via smartphone or tablet. The page illustrates why this form of booking is beneficial to attorneys and their paralegals, as well as how to navigate the booking engine. For attorneys with...
WOW! What a fabulous turnout for our Annual Greener Way to Work Day Luncheon. Over 80 participants came together to recognize, commemorate and celebrate the work of both the Green Initiative Committee and the efforts of the Cleveland legal community to make firms...