How Do You Subpoena Someone to Court?

A subpoena is a legal document that orders an individual to appear in Court or produce specific evidence, such as documents or records, relevant to a legal case. Subpoenas ensure transparency in a legal proceeding. You can navigate legal proceedings with more clarity and confidence by understanding the legal value and significance of subpoena service.

To subpoena someone to court, you need to draft and file the subpoena form with the Court. After issuing and serving the subpoena, the recipient appears in Court to provide the requested documents or to testify. The subpoena must be legally served according to the applicable legal requirements to avoid any objections in a court hearing.

For all your valid subpoena issues, On-Call Legal Process Servers is your go-to solution with the expertise necessary to help you every step of the way. Whether you’re facing a civil dispute or navigating a complex legal matter, in any service of process we remain vigilant to offer you immediate support. For further guidance, contact us for free consultation with our experienced professionals.

This post will outline the step-by-step process for subpoenaing someone to Court. Additionally, we’ll provide guidance on what to do if you can’t locate the recipient and tips for successfully subpoenaing someone.

How to Subpoena Someone to Court?

When you subpoena someone to Court, you get a step closer to ensuring a just legal outcome. For this, understanding and following the proper legal process is essential. Here’s the step-by-step process on how to subpoena someone to Court, according to the California subpoena service rules:

1. Identify the Person or Organization You Need to Subpoena

As a first step, it’s essential to carefully consider whether a subpoena is necessary and who should be the recipient. You can also determine if the information or evidence you seek can be found through other means. If you conclude that it is necessary to issue a subpoena, you can identify the individual or organization with the relevant information or evidence. This could be a person, a corporation, a government agency, or an entity. Subpoenas can be expensive and time-consuming, so only target the most relevant people.

2. Draft the Subpoena

While drafting the subpoena, make sure it is clear, concise, and accurate. Also, it should include case details, the appearance date, and a clear request. The case details section needs the name of the Court, the case number, and the names of the involved parties. In the request, you clearly state what you want them to say or bring with them, like your required documents or testimony details.

You can get a subpoena form from the court clerk or find it online. The type of form you need depends on the kind of subpoena:

• Subpoena ad testificandum: Used to require someone’s testimony.
• Subpoena duces tecum: Used to request documents or other evidence.

3. File the Subpoena

Next, it’s time to make the subpoena official. To file it with the Court for approval, you head to the Court, submit your completed subpoena form to the court clerk, and pay the fees.

The Court will review your form to ensure it’s correct and legally valid. If everything checks out, they’ll stamp it with their seal of approval. Each Court has its own procedures, so it’s a good idea to check with the court clerk beforehand.

4. Serve the Subpoena

After approval of the Court, it’s time to serve the subpoena on the recipient. This way, you’ll officially notify them of the court order. There are various ways you can serve a subpoena. Personal service is the method for delivering the subpoena to the recipient physically. However, if personal service isn’t possible, you can send it via certified mail. This method can also provide proof of delivery. For your specific location needs, the process of how a subpoena is served legally may be different.

Who can serve the subpoena mostly depends on your location and the type of subpoena. Although anyone who is over 18 and not a party to the case can serve a subpoena, it is recommended to have a professional do it. Sometimes, a private process server can get it done. Other times, it may need the involvement of law enforcement. On-Call Legal Process Servers make your legal process smooth and straightforward by handling all legal terms, challenges, and requirements. We ensure the right process server approach to serve the subpoena efficiently.

5. File Proof of Service with the Court

To verify that the subpoena has been properly served to the recipient, filing a proof of service document is necessary, as the Court might not recognize the subpoena without proof. In case the recipient doesn’t show up in Court or doesn’t comply with the subpoena, the proof of service proves that they were officially notified and helps the Court enforce the subpoena and take appropriate action. You should keep a copy for your records to streamline your subpoena-serving process.

6. Follow-up and Enforcement

Your case requires an efficient follow-up at this stage. If the subpoena recipient refuses to comply, you can take action quickly. Firstly, you’ll politely reach out to the recipient and remind them of their legal obligations. Sometimes, a friendly reminder can be enough to encourage compliance. However, if they still refuse, you can file a motion with the Court requesting sanctions. 

The Court will order the recipient to comply or face consequences, including fines or arrest. This is a serious step, but it’s necessary to ensure the integrity of the legal process. Enforcing your subpoena is a legal matter, so it’s important to consult with your legal advisor to understand your options and ensure you follow the proper legal procedures.

What Is a Subpoena and Why Is It Important?

A subpoena is a legal order that requires someone to appear in a legal process to testify or present essential documents. This order is a legal obligation and can cause serious non-compliance issues. Courts, government agencies, and attorneys issue subpoenas to collect evidence for a case.

Subpoenas are significant in the legal procedures for obtaining physical evidence under oath. When you need to subpoena someone to Court, it requires proper legal process and follow-up, as discussed previously. Depending on your needs, there are two main types of subpoenas:

1. Subpoena Ad Testificandum 

Also known as the witness subpoena, it requires a person to appear before the Court on a certain date and testify as a witness with valuable knowledge about the case. The person shares his or her firsthand information under oath. In civil cases, these individuals have relevant information to help make a just decision.

1. Subpoena Duces Tecum

This subpoena type requires a person to produce documents or physical evidence vital to the case. It could be medical records, bank statements, or any other document directly linked to the case.

One document that is often confused with a subpoena is a summons, which is why it’s valuable to understand the difference between the two to avoid any confusion. A summons is a legal document whose primary purpose is to inform someone that they are being sued. However, a subpoena is a way to gather specific information to help bring out the evidence during an ongoing case. So, subpoenas guarantee that all parties have the opportunity to present a complete picture of the case.

Who Can Issue a Subpoena?

Only courts of law, certain attorneys, and government agencies can issue a subpoena. A legal process often requires testimony or evidence. Attorneys can request subpoenas if they need evidence for their case.

For the legal proceedings, all parties must file a written request with the Court for a valid subpoena outlining the specific information or evidence. After issuing a subpoena, it must be served quickly on an individual or organization for information. This can be done through personal service or certified mail for convenience.

When to Use a Subpoena?

Civil and criminal cases can use a subpoena when collecting essential evidence or when securing witness testimony is necessary. In civil cases, subpoenas are helpful to obtain documents, financial records, or expert testimony. In criminal cases, they can compel witnesses to testify at trial or to get evidence, such as DNA samples or surveillance footage. However, the decision to issue a subpoena mostly depends on the case’s specific circumstances.

Here are some common situations for issuing a subpoena:

• Finding Evidence: Subpoenas can help find crucial evidence, such as documents, emails, or other business records relevant to the case before the court hearing. This evidence can help prove or disprove allegations and significantly impact a trial’s outcome.
• Securing Testimony: Witnesses are essential in determining the truth behind allegations in most cases. Subpoenas can compel witnesses to appear in Court and provide their testimony under oath.
• Expert Testimony: In some cases, expert testimony may be necessary to understand complex or technical matters. For this, subpoenas can secure the testimony of experts like medical professionals or financial analysts.
• Enforcing Court Orders: If a party fails to comply with a court order, a subpoena can enforce it efficiently. This ensures that all parties follow the Court’s instructions and prevents any delays or disruptions in the legal process.

Consequences of Ignoring a Subpoena

People can face consequences if they don’t comply with the subpoena requirements. So, ignoring a subpoena request should not be taken lightly in legal proceedings. It’s a serious legal offense that can result in severe penalties. If you fail to comply with a court date, you may be held in contempt, leading to various consequences.

Courts can impose monetary fines as a penalty for non-compliance. The fine depends mostly on the severity of the non-compliance. In some serious cases, you may face imprisonment for contempt of Court. The length of your sentence will depend on the nature of the violation and your prior legal history.

Moreover, the Court may issue a bench warrant for your arrest if you fail to appear in Court for requested testimony. This warrant can allow law enforcement to take you into custody immediately. Furthermore, you may face damages for your failure to comply with the court order. This way, you’ll pay compensation to the party who was harmed by your non-compliance.

If anybody fails to appear in court to produce documents, the Court may enter a default judgment against him. This means the plaintiff will be awarded the relief they requested without needing a trial. Proper subpoena enforcement is essential to get ahead with the legal process if someone refuses to comply with court orders. The Court might impose strict measures due to the serious nature of enforcing a subpoena.

Therefore, seeking legal assistance is highly recommended, especially for complex cases or repeated non-compliance. Legal assistance can streamline the specific subpoena procedures and guide you through available legal options. 

How Much Does It Cost to Subpoena Someone?

Estimating how much it costs to subpoena someone can be difficult in most cases. The subpoena fees can differ significantly between different courts and jurisdictions. Typically, the cost to subpoena someone ranges from $50 to $300 for basic subpoenas.

Subpoenas for testimony or ad testificandum are generally less expensive than subpoenas for documents or evidence. The standard fees for filing subpoenas requiring someone to testify range between $20 and $45.

On the other hand, subpoenas requesting documents or evidence tend to be more expensive due to the administrative work involved. Fees for copying, producing documents, or retrieving records may add $50 to $200, depending on the volume and nature of the documents.

More complex cases may involve additional fees, which can also impact the overall cost of subpoenaing. Additional legal actions, such as filing motions to enforce compliance, can add $50 to $150 or more. Another factor to consider is the location where the subpoenaed person lives. Transportation expenses can also impact the overall cost of the subpoena.

Also, you’ll have to cover the required fees of process servers to deliver the subpoena. These fees can vary depending on the complexity of the case and the distance. On average, process server fees range from $40 to $200 in California, but the price can increase if the server encounters challenges in locating or serving the person.

Sometimes, you need to subpoena someone urgently. In these cases, a rush order can be placed, resulting in higher service fees and more resources in the discovery process. Rush service can cost an additional $25 to $100, depending on how quickly the service is needed.

How Long Does it Take to Serve a Subpoena?

The timeframe to serve a subpoena depends on several factors, including service method, location, and recipient cooperation. You can expect the service completion within a few days to a few weeks because there’s no definitive timeline. You need to serve the subpoena at least five days before the hearing. So, you must time your subpoena wisely with enough notice for compliance.

If the person is not cooperative and attempts to avoid the subpoena, it can significantly delay the process. However, if there are challenges with locating the individual in personal service, other methods like certified mail or publication can save time.

What Happens if You Can’t Locate the Person You Need to Subpoena?

If you can’t locate the person you need to subpoena, you can start by double-checking the court records to ensure you have the correct name and address. Sometimes, there might be a clerical error or outdated information. Also, public records databases like the Property Records Office or the Department of Motor Vehicles may help with your search. These resources can often provide clues about the recipient’s whereabouts.

Social media platforms can also be a valuable resource for this. You can search for the recipient’s name and see if you can find any recent activity or information that might lead to their location.

The process server is essential in locating the recipient in this critical situation. They have experience and techniques for finding individuals. If you’re having trouble, consider hiring a professional process server to handle the task. With their knowledge and experience, they can help ensure your documents are successfully served.

Tips for Successfully Subpoenaing Someone to Court

Subpoenaing someone can be a complex process, but by following these tips, you can increase your chances of success:

• Ensure you have accurate information about the person or entity you’re subpoenaing. It will help you locate them more easily.
• Consider hiring a professional process server for difficult cases or tracking down individuals trying to avoid service. They have the experience and resources to serve subpoenas efficiently.
• If you’re unsure about any step in the process, consult an attorney. They can guide you through the legal process to avoid any confusion.
• Subpoenaing someone can take time, so be patient and follow up. Several factors can affect the subpoena process and take more than the average time.
• Ensure that the court follows all procedures for serving a subpoena. It will save you time, energy, and extra costs.

Need a Professional Process Server?

Most legal proceedings need subpoenas as a vital tool to ensure access to essential information. However, subpoenaing someone to court can be complex in many cases. Professional guidance makes a significant difference for a valid subpoena, from ensuring accurate recipient information to handling situations where individuals can’t be located.

Professional subpoena services provide valuable expertise in navigating the process smoothly and efficiently, which is why you need a trusted resource for all your subpoena requirements. At On-Call Legal Process Servers, we guide you through the process and make sure your subpoenas are served properly and efficiently. To avoid legal complications by mishandling subpoenas, contact us today and stay secure and stress-free!