We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Criminal Subpoena?

By Sara Libby
Updated: May 17, 2024
Views: 23,254
Share

A criminal subpoena is a written court order requiring a person's appearance, or the production of certain documents in regard to a legal case. A subpoena is the term used in a criminal case, while the term “summons” refers to the same kind of order in a civil case. Often, the term subpoena is used for both types of cases.

There are two types of criminal subpoenas — the subpoena duces tecum and the subpoena ad testificandum. The subpoena duces tecum requires the recipient to provide specific documents or other items that are potential evidence in the relevant case. A subpoena ad testificandum, on the other hand, requires the recipient to appear in court or at an attorney's office to answer questions and provide testimony. It is possible for a criminal subpoena to require the recipient to both provide oral testimony and written evidence.

Criminal subpoenas are issued at the request of defense attorneys or prosecutors. They are granted by a judge, magistrate judge or court clerk. It is the responsibility of the party requesting the subpoena to confirm that the witness has been served. The issuing party is also responsible for any witness fees, such as transportation costs the witness might incur as a result of complying with the subpoena.

A U.S. Marshal, deputy U.S. Marshal, or uniformed process server over the age of 18 will deliver the criminal subpoena to the subpoena recipient. The person serving the subpoena cannot be someone who is a party in the case. Criminal subpoenas can be served anywhere in the United States, or in any U.S. territories. They can also be served in foreign countries, although U.S. Marshals do not serve them abroad.

If a person who receives a criminal subpoena fails to comply with its requirements, he or she can be held in contempt of court. A judge may issue a bench warrant for the violator, authorizing police to find the person and bring him or her to court. Failure to comply with a criminal subpoena can also result in fines and even jail time.

It is possible to request special accommodation in order to comply with a criminal subpoena, or to request a postponement. If a person served with a subpoena has a legitimate excuse for not being able to meet its terms, he or she should contact the attorney who issued the order to explain. If a person served with a subpoena has objections to it, he or she should consult an attorney in order to protect his or her interests.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
By anon133231 — On Dec 09, 2010

Thank you for this information! Right now, I'm making the effort to contact the District Attorney for a valid explanation as to why I received a criminal subpoena two days ago and no replies yet.

The document states that I'm a witness but I wasn't there to see my car stolen and who did it. Either way, I have to go. The thing is, I have no car to go out of town where my car was taken to and trying to contact the court about my situation. Again, thank you for this information and it helped me a lot!

By anon70675 — On Mar 15, 2010

Grand website for those of us who desperately need solid information that immediately alleviates fear and can act as our own attorney during the first go round. Thanks for caring.

Share
https://www.wisegeek.net/what-is-a-criminal-subpoena.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.