A federal subpoena legally requires someone to appear in court. Responding options include appearing in court or responding in writing with the help of an attorney. Failure to respond can result in negative consequences.
A federal subpoena is a legal document that summons someone to appear in federal court. Someone who receives a federal subpoena is legally required to respond, and there are several ways someone can respond to the subpoena. You should contact an attorney if served with a federal summons to discuss your options and plan a response. When looking for an attorney to assist with a federal subpoena, it can be helpful to search for area attorneys to find one who specializes in cases of the type being subpoenaed.
The classic reason for issuing a federal subpoena is to notify someone that a case has been filed against him or her in federal court. Whatever the cause, the writ must list the court location and the date and time you are expected to attend. The document should also disclose the name of the opposing counsel and provide some information on how to respond.
One way to respond to a federal subpoena is to appear in court at the appointed time. Legal representation should be brought along if someone is a defendant in a case, while someone who is called to act as a witness may not need a lawyer, depending on the type of testimony involved. It is important to abide by the court dress code and observe court protocol to avoid being charged with contempt of court or being asked to change or modify behavior for the courtroom environment.
Another option is to respond in writing. An attorney can help determine whether or not a written response is needed and can help draft the document. For example, someone who has been asked as a witness might respond and ask if it is possible to take a deposition outside the courtroom and use it as evidence in the case if appearing in court would be a difficulty. Similarly, someone with a federal jury summons can request that the jury duty be revoked or deferred due to hardship. If a summons is issued in error, as is sometimes the case, the recipient of the summons can go to the judge to clarify the matter.
If someone is a defendant, failure to respond to a federal subpoena may mean the court will rule against the defendant in absentia. For people such as witnesses and jurors, the judge can issue a subpoena, with the judge ordering that the person be brought before the court to respond to the subpoena. For this reason it is not recommended to ignore a federal summons!
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