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Subpoena vs. summons – are they the same?
Subpoena vs. summons – are they the same?
What Is a Subpoena?
A subpoena is a court order telling you to appear at a proceeding—or produce documents and evidence. If you ignore it, you could be held in contempt of court. That can mean fines, even jail time. Under Federal Rule of Civil Procedure 45 (see U.S. Courts), a subpoena must specify exactly what’s required—testimony, documents, or both.We’ve seen too many individuals shrug off a subpoena, only to face serious penalties.
What Is a Summons?
A summons, on the other hand, notifies you that a legal action has been filed against you (or that a criminal charge is now formally in place) and instructs you to appear in court. Think of it like a formal invitation—except there’s nothing social about it.
In criminal cases, a summons usually replaces an arrest in lower-level offenses, meaning you must show up or you will face further charges. In civil matters, it’s typically accompanied by a complaint detailing the lawsuit. If You Disregard a Summon, you risk default judgments in civil lawsuits or a bench warrant in criminal scenarios.
Summons and Subpoenas serve two different legal functions. The subpoena is about commanding evidence or testimony. The summons is about notifying you that you must appear to answer charges—or a lawsuit.
Regardless of the Document
Regardless of whether you receive a subpoena or a summons, ignoring the court is a mistake.
Regardless of the Crime
You can face significant penalties if you fail to comply.
Potential Penalties and Punishment
Contempt of Court: For ignoring a subpoena, you risk fines, jail time, and often times both.
Default Judgments: A civil summons you fail to address can lead to you automatically losing the lawsuit.
Bench Warrants: Criminal summons violations may trigger a warrant for your arrest.
Additional Criminal Charges: Skipping mandatory court appearances can worsen your situation, raise your penalties and tarnish your future record even more
Strategies to Defend You
Filing Motions to Quash: We’ll investigate if the subpoena was improperly served or requests irrelevant information.
Negotiating Scope: Sometimes we can negotiate the scope of the subpoena, reducing the burden of production.
Challenging Validity: If the complaint or charges in your summons are flawed, we can move to dismiss.
Preparing Your Response: We’ll meticulously craft your legal response to ensure deadlines are met and your defenses are strong.
Representing You in Court: We’re unafraid to fight aggressively on your behalf, be it a criminal or civil matter.
NYC CRIMINAL LAWYERS WHO GET IT
If you’re facing a subpoena or a summons, don’t panic—we can help you. Our NYC Criminal Attorneys are available 24/7 to provide a risk free consultation. We understand what you’re going through, and we pride ourselves on giving each client the best possible outcome.
Speak to an Attorney Now
Reach out today. The worst thing you can do is wait—or assume the court will forget about you. We’re here to listen. We’re here to defend you.
Disclaimer: No recipient of this content, client or otherwise, should act or refrain from acting on the basis of any content included here without seeking professional advice. Every case is different, and reading this article does not create an attorney-client relationship.