What Is a Subpoena? Types, What Happens If You Ignore One, and How to Respond
A subpoena is a formal legal order that requires a person to testify as a witness in a legal proceeding or to produce documents, records, or other evidence. It's not a request or an invitation, it's a command backed by the authority of the court, and ignoring one can result in serious consequences, including being held in contempt of court, fined, or even arrested. If you receive a subpoena, you are legally obligated to comply with it unless you successfully challenge it through proper legal channels.
That's the essential meaning. The fuller picture, the two main types of subpoena, who has the power to issue one, what actually happens if you ignore it, and your options if complying would be a problem, is worth understanding, because a subpoena is a legal obligation with real teeth.
The two main types of subpoena
Subpoenas come in two primary forms, distinguished by what they require you to do, and the Latin names are worth knowing because you'll see them on the document itself.
A subpoena ad testificandum is a subpoena to testify. It requires you to appear and give testimony, either at a trial, a hearing, or a deposition. This is the "show up and answer questions under oath" type. If you've been called as a witness in a case, this is the kind of subpoena you'd receive, commanding your appearance at a specific time and place to testify about what you know.
A subpoena duces tecum is a subpoena to produce documents or things. The Latin roughly means "bring with you," and this type requires you to produce specified documents, records, files, or physical evidence. A subpoena duces tecum might demand business records, financial documents, emails, medical records, or any other tangible evidence relevant to a case. Sometimes it requires you to bring the documents and testify; sometimes it just requires producing the materials.
Some subpoenas combine both, requiring you to appear and testify and to bring specified documents with you. The document you receive will specify exactly what's being demanded, when, and where, and reading those specifics carefully is the first step in knowing what you're obligated to do.
Who can issue a subpoena
Subpoenas carry the authority of the court, but in practice they're often issued by parties to a case rather than directly by a judge, which surprises people.
In litigation, attorneys for the parties typically have the power to issue subpoenas on behalf of the court, as officers of the court. So in a lawsuit, a plaintiff's or defendant's attorney can issue a subpoena to a witness or to a third party holding relevant documents, without a judge personally signing each one. The subpoena still carries the court's authority and the obligation to comply, even though a lawyer generated it.
Courts themselves issue subpoenas, and so do grand juries in criminal investigations, a grand jury subpoena is a powerful tool prosecutors use to gather testimony and evidence during an investigation. Various government agencies and legislative bodies also have subpoena power in certain contexts, allowing them to compel testimony and documents in investigations and hearings.
The breadth of who can issue a subpoena is part of why they're so common and why receiving one doesn't necessarily mean you're a target of anything, you might simply be a witness who saw something, or a custodian of records someone needs. But regardless of who issued it, the obligation to respond is real.
What happens if you ignore a subpoena
This is the question that matters most, and the answer is that ignoring a subpoena is a genuinely bad idea with escalating consequences.
A subpoena is a court order, and disobeying a court order can result in being held in contempt of court. Contempt is the court's power to punish disobedience of its orders, and the penalties can include fines and, in serious cases, jail time. A person who simply fails to appear in response to a subpoena to testify, or who refuses to produce documents a subpoena duces tecum demands, can be found in contempt and sanctioned for it.
The consequences can escalate. If you fail to appear when commanded, a court can issue a bench warrant for your arrest, authorizing law enforcement to take you into custody to compel your appearance. For a witness in a criminal case especially, ignoring a subpoena can turn a bystander into someone facing arrest. The court treats compliance with its process as mandatory, and it has the tools to enforce that.
The key takeaway: you cannot simply ignore a subpoena because complying is inconvenient, because you don't want to get involved, or because you think your testimony or documents aren't important. If you have a genuine problem with the subpoena, there's a right way to address it, through the legal channels described below, but silence and non-appearance are not options that end well.
How to respond to a subpoena
If you receive a subpoena, here's the responsible path, even, and especially, if complying would be difficult.
First, read it carefully. Identify exactly what it requires, testimony, documents, or both, the date, the time, the location, and the deadline. Note who issued it and what case it relates to. The specifics define your obligation.
Second, don't ignore it, and don't miss the deadline. If you need to appear or produce documents, calendar it and prepare. If you genuinely can't comply on the date specified, the answer is to seek a change through proper channels, not to simply not show up.
Third, if there's a real problem with the subpoena, consider whether you have grounds to challenge it. You can ask the court to "quash" or modify a subpoena, meaning to invalidate or limit it, in certain circumstances. Common grounds include that the subpoena is unduly burdensome (it demands an unreasonable volume of documents or imposes excessive hardship), that it seeks privileged information (like attorney-client communications or, in some cases, your own self-incriminating testimony), that it doesn't allow reasonable time to comply, or that it seeks irrelevant material. To challenge a subpoena, you typically file a motion to quash with the court before the compliance deadline, which is why acting promptly matters.
Fourth, know about privileges. You may have a legal right to refuse to answer certain questions or produce certain materials even under a subpoena. The Fifth Amendment privilege against self-incrimination lets a witness refuse to give testimony that could incriminate them, often described as pleading the fifth. Attorney-client privilege, spousal privilege, and other protections can shield certain communications. Invoking a privilege is different from ignoring the subpoena, you still respond, but you assert the privilege as the basis for not answering specific questions or producing specific materials, and the court rules on whether the privilege applies.
Fifth, if the subpoena involves anything significant, complex documents, potential self-incrimination, sensitive information, or high stakes, consult an attorney. A lawyer can advise you on your obligations, whether you have grounds to quash or limit the subpoena, what privileges apply, and how to comply while protecting your interests. For a simple witness subpoena to testify about something you observed, you may not need a lawyer, but for anything with real consequences, legal advice is worth getting.
Subpoena versus summons versus warrant
People sometimes confuse these legal documents, and the distinctions are worth a quick clarification.
A subpoena commands a person to provide testimony or evidence, it's about getting information or evidence from someone, often a witness or a third party who isn't necessarily accused of anything.
A summons notifies a person that they're being sued or charged and must respond or appear, it's how a defendant in a civil or criminal case is formally brought into the proceeding. A summons is about being a party to a case, not a witness in someone else's.
A warrant is a judicial authorization for law enforcement to take an action, like an arrest warrant authorizing an arrest, or a search warrant authorizing a search. A warrant empowers the police to act, whereas a subpoena commands a person to provide testimony or evidence.
So a subpoena gets you as a source of information, a summons makes you a party, and a warrant authorizes police action. Receiving a subpoena means someone needs your testimony or your documents, not that you're being sued or arrested, though ignoring the subpoena can lead to a warrant.
Frequently asked questions
What happens if you ignore a subpoena?
Ignoring a subpoena can result in being held in contempt of court, which carries fines and possibly jail time, and a court can issue a bench warrant for your arrest to compel your appearance. A subpoena is a court order, not a request, so non-compliance is treated as disobedience of the court. If you can't comply or believe the subpoena is improper, the correct response is to challenge it through a motion to quash, not to simply ignore it.
Can you refuse to comply with a subpoena?
You can't simply refuse, but you can challenge a subpoena through proper legal channels. You can file a motion to quash or modify it if it's unduly burdensome, seeks privileged or irrelevant information, or gives unreasonable time to comply. You can also invoke legal privileges, like the Fifth Amendment against self-incrimination or attorney-client privilege, to refuse specific questions or materials. The court then decides whether your challenge or privilege holds. What you can't do is ignore it without consequences.
Who can issue a subpoena?
Courts, grand juries, and, in litigation, the attorneys for the parties as officers of the court can issue subpoenas, and certain government agencies and legislative bodies have subpoena power in their investigations. In a typical lawsuit, a party's attorney can issue a subpoena without a judge personally signing it, and it still carries the court's authority and the obligation to comply.
A subpoena is a serious legal obligation, but a manageable one if you understand what it requires and respond properly. For the authoritative legal definition, the Legal Information Institute maintains a plain explanation of subpoenas and the rules that govern them.