A subpoena is a legal document that requires a person to appear in court, either for a civil or criminal matter. In civil cases, it notifies the defendant of a lawsuit, while in criminal cases, it can be issued as part of an investigation. Defendants must be served with a court summons in compliance with state laws. Failure to appear risks a default judgment, and ignoring a criminal subpoena may result in an additional offense and a warrant for arrest.
A subpoena is a legal document that requires a person to appear in court. Both civil and criminal summons can be issued depending on the nature of the legal matter. The purpose of a subpoena in civil cases is to officially notify the defendant that there is a lawsuit or legal proceeding against him. A criminal summons, on the other hand, can be issued when a person is suspected of a crime and is ordered to appear before a judge as part of the investigation. In the United States, laws govern the ways defendants must be served with a court summons to protect the defendant’s right to a fair trial.
When one party brings a civil action against another, such as a lawsuit, eviction, or divorce, the defendant must be served with a subpoena. In the United States, the summons must comply with state laws regarding the composition of a subpoena. Some states have simple language rules that require court subpoenas to be drafted in a common language. The writ should normally state the name of the plaintiff, the name of the defendant and the nature of the case. If the plaintiff seeks a fine, the writ must also state the amount of money the defendant is suing. The sum should also explain to the defendant what the defendant must do to respond to the summons, such as appearing in court for a scheduled hearing.
In some criminal cases, the defendant may be served a criminal summons to appear in court as an alternative to being arrested by the police. Landlords or homeowners who fail to properly maintain their homes may receive a criminal summons in court. Traffic tickets that order a driver to appear in court are another type of criminal citation. If an individual ignores a criminal subpoena, he may be charged with an additional offense, such as failure to appear, which may result in a judge issuing a warrant for his arrest.
The addressee of the civil summons may not be legally required to actually appear in court, but failing to do so risks a default judgment. A plaintiff automatically wins in a default judgment and may be able to take specific actions against the defendant, such as wage garnishment or asset seizure, without further legal proceedings. Defendants who receive a civil subpoena should appear in court to defend their rights and, if possible, hire a lawyer to advise them in their case.
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