888-624-CADY - Available 24/7!

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. 


Credit: The Apopka Voice





Schedule a Service!

Our Cleveland, Ohio Offices

Western Reserve Building
1468 West 9th Street
Suite 440
Cleveland, Ohio 44113

Cleveland, Ohio Court Reporters

Contact Us!

Cleveland Legal and Court Reporting News


Our Affiliations

The ULTIMATE GUIDE to Remote Depositions

The ULTIMATE GUIDE to Remote Depositions

Welcome to the new normal...at least for now.  We have been helping our clients switch their depositions to Zoom (for free!) and they are having great success!  One of the biggest steps to having a successful remote deposition is simply having the confidence to do it....

read more
Easing into the Remote Deposition Process

Easing into the Remote Deposition Process

Going from face-to-face depositions to online depositions can be a big adjustment for the whole team. A supportive environment is key in helping everyone transition to the new way of collaborating. Look to your law firm team members, and your litigation support...

read more
Best Ways to Stay Healthy

Best Ways to Stay Healthy

Credit: ThoughtCo In the uncertain times we currently face, it is more important now than ever to do what we can to stay healthy and safe. A lot of the things we were told to practice as children remain true, but they are worth reiterating. Read these these pieces of...

read more