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A subpoena is a court order to appear or produce documents. To file, visit the court clerk, complete a citation form, notarize it, and get it signed by a judge. Serve the subpoena according to jurisdiction laws.
A subpoena is a court order compelling a party to appear in court or produce documents or records. For example, one party may sue a bank, phone, felon, or sometimes even medical records. While there are many different types of documents that a party to a case may need to secure, the steps a person will take to file documents in court are generally the same. In most places, a person must visit the court clerk to obtain a subpoena and then serve it as per the requirements of the particular court system.
The first step a person can take when they want to subpoena the records is to contact the court where their case will be heard and learn about the specific requirements that the court has for people who want to subpoena the papers; guidelines may vary from court system to court system. In many places, however, a person must visit the local court and apply for a summons form, called a subpoena duces tecum. In some places, a person may be able to go online and download her jurisdiction form instead of going to court to get one.
Next, a person must complete the citation form. This usually involves filling in relevant details, such as the name and address of the person or business who will receive the subpoena, the name and address of the court where the case will be heard, the document number of the case and date records are required. The party requesting the subpoena also lists the documents it needs, being as specific as possible, naming the records it needs and listing their record numbers if possible.
After completing the citation form, the person requesting the documents may need to notarize the citation form. Then, he will usually need to get the judge or court commissioner to sign off on the summons. In some places, a party may be able to serve the summons immediately after completing this process. In others, however, the applicant may have to wait a period of time to see if the other party will object to the subpoena.
Once the subpoena has been drafted and signed, there is one last step for a person to file the subpoenas. The person in need of the records must ensure that the receiving party is served in accordance with the laws of his jurisdiction. In some cases, this will mean arranging for the sheriff’s service. In others, a person can pay a professional process server to perform this task. In addition, some laws allow for any person over the age of 18 who is not a party to the suit to be subpoenaed.
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