A subpoena is a court order that requires an individual to appear in court and testify. Failure to comply can result in fines or jail time. Subpoenas are often used to force reluctant witnesses to testify, but can also be necessary to allow a witness to legally testify. Once served, the individual must appear in court or face contempt charges. Excuses such as hospitalization or incarceration may be accepted, but failure to respond can result in serious consequences.
A subpoena is a subpoena that requires an individual to appear in court, usually to testify. It is issued by the presiding court of the case in which the individual is required to testify. Failure to comply with this summons can result in fines and, in some cases, jail time.
In most cases, a subpoena is used to force someone who doesn’t want to appear in court to do so. Witnesses summoned by the prosecution may not want the defendant convicted or may fear repercussions and therefore do not wish to provide testimony that could lead to a conviction. Witnesses summoned by the defense may believe that the defendant is guilty and are unwilling to provide evidence that would appear to exonerate him or cast reasonable doubt as to his guilt.
There are other reasons to issue a subpoena, however. The witness may be barred from testifying by law or confidentiality agreement unless served with a formal summons requiring his or her testimony. Issuing a subpoena for his appearance allows him to legally testify.
Regardless of the reason for issuing it, a subpoena requires the summoned party to appear in court. Most jurisdictions require that the individual being sued be served personally, meaning that the physical document must be presented to the individual by a third party who can later swear that he delivered the document to the correct person. Some jurisdictions will allow the summons to be served on the individual’s solicitor, if one exists. In some locations, the service must be rendered by a law or court official, such as a lawyer or police officer. Others allow for service by a licensed private investigator or registered process server.
Once a subpoena has been served, the individual must appear in court or be contemptuous. Such a contempt charge may result in the issuance of a subpoena, which allows law enforcement agencies to find and arrest the individual and present them to court. Failure to respond to a summons can result in fines, assignment to community service, or jail time. In some cases, the individual’s refusal to respond may constitute a more serious offense, such as interfering with an investigation, and may be punishable by increased fines or more prison terms. Individuals are permitted to present evidence of an inability to respond, which includes hospitalization; some diseases; and, in some cases, incarceration.
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