What Is the Difference Between a Summons and a Subpoena?
A summons and a subpoena have a few things in common. Both of them are legal documents used to notify someone that he or she is required to come to court to deal with an issue. The difference between the two involves the reason why the individual needs to go to court in the first place.
When a summons is issued, the document notifies the person named that he or she needs to appear in court to answer a charge or respond to a civil lawsuit. If the matter is a criminal one, the accused person will need to appear to enter a plea and to present a defense. If a legal action is brought against someone, that person needs to be served with the legal papers. Once service has been accomplished, the defendant should respond to the allegations contained in the documents. Failure to do so may mean that a judgment will be made against the defendant in an amount the judge considers appropriate.
A subpoena is used for a different purpose than a summons. This document is issued and served on someone who is being notified that he or she is required to come to court to testify as a witness. The court office may issue a subpoena to compel a witness to appear at a trial, or an attorney may prepare the subpoena and arrange to have it served on a potential witness in a legal proceeding.
There are two types of subpoenas that may be served on a potential witness: the subpoena ad testificandum and the subpoena duces tecum. A subpoena ad testificandum requires a person to attend the hearing and provide evidence. The recipient of a subpoena duces tecum is also required to appear in court, but he or she must also bring any documents that pertain to the legal matter as well.
Failing to appear in court after being served with a subpoena carries a penalty. The person who does not appear may be charged with a criminal offense if they fail to comply. Along with the date and time scheduled for the hearing, the document will list the names of the parties involved and the penalty for refusing to appear after being served with a subpoena.
Written by Jodee Redmond
