What Is a Subpoena? A Plain-English Guide

Receiving a subpoena is alarming for most people — especially those who have never been involved in legal proceedings. But understanding what a subpoena actually is, and what it requires of you, can replace fear with clarity.

This guide explains what a subpoena is, the different types, and what typically happens after you receive one.

What Is a Subpoena?

A subpoena is a formal legal document issued in connection with a court proceeding or legal investigation that compels you to do one of two things: appear somewhere to give testimony, or produce documents and records.

Unlike a cease and desist letter or a demand letter, a subpoena is not just a private request. It is a court-backed legal command. Ignoring it can have serious consequences.

The Two Main Types of Subpoenas

Subpoena Ad Testificandum (Subpoena to Testify)

This type requires you to appear at a specific time and place — a deposition, a hearing, or a trial — and give testimony under oath. You are being called as a witness.

Subpoena Duces Tecum (Subpoena for Documents)

This type requires you to produce specific documents, records, or other materials. You may or may not also be required to appear in person.

Some subpoenas combine both — requiring you to appear and bring documents with you.

Who Can Issue a Subpoena?

Subpoenas can be issued by:

• Courts (judges or court clerks)
• Attorneys in a pending case (in most jurisdictions, attorneys can issue subpoenas on behalf of their clients as officers of the court)
• Government agencies and administrative bodies conducting investigations
• Grand juries in criminal proceedings

The fact that an attorney — rather than a judge — signed the subpoena does not make it less valid in most circumstances.

Does Receiving a Subpoena Mean I’m in Trouble?

Not necessarily. Most subpoenas are issued to witnesses — people who have information relevant to a case involving other parties. Being subpoenaed does not mean you are accused of anything or that you are a target of an investigation.

That said, context matters. If the subpoena relates to a situation where you may have legal exposure, consulting an attorney before responding is strongly advisable.

What Are Your Obligations?

If you receive a valid subpoena, you are generally legally required to comply. Failing to comply — without a valid legal basis — can result in being held in contempt of court, which can carry fines or even jail time.

However, compliance does not always mean simply turning over everything or answering every question. There are legitimate legal grounds to object to or limit the scope of a subpoena, including:

• Attorney-client privilege — communications with your attorney are generally protected
• Fifth Amendment — you have the right not to incriminate yourself
• Relevance and burden — a subpoena can sometimes be challenged if it is overly broad or seeks irrelevant materials
• Trade secrets and confidential business information — certain protections may apply

These objections must typically be raised formally and promptly — not ignored.

What Should You Do After Receiving a Subpoena?

Read it carefully

Note the date, time, and location of any required appearance. Note the deadline for producing documents. Note who issued it and in connection with what case.

Do not destroy documents

Once you receive a subpoena — or even become aware that litigation is likely — destroying potentially relevant documents can expose you to serious legal consequences called “spoliation.”

Consult an attorney

Even if you are just a witness, having an attorney review the subpoena before you respond is often worth the investment. An attorney can advise you on the scope of your obligations, any applicable privileges, and how to respond appropriately.

Respond within the required timeframe

If you have objections, they must typically be raised before the compliance deadline — not after.

What Briefed Does

Subpoenas are formal legal documents that vary significantly in scope, urgency, and implication. Understanding what is actually being asked of you — and in what context — is the essential first step.

Briefed produces a structured, plain-English breakdown of your specific document — explaining what type of subpoena it is, what it requires of you, and what typically happens in situations like this one. It does not tell you what to do. It gives you the clarity to make that decision yourself.

Start Your Brief — $49 →

Frequently Asked Questions

Can I ignore a subpoena?

Generally no. Ignoring a valid subpoena can result in being held in contempt of court. If you have concerns about compliance, raise them formally through proper legal channels.

What if the subpoena asks for information I don’t have?

You are only required to produce what you actually have. If the requested documents do not exist or are not in your possession, you generally need to state that in writing in response to the subpoena.

What if complying would incriminate me?

You have a Fifth Amendment right not to incriminate yourself. This right must be formally invoked — it does not protect you automatically just because you stay silent.

Can I object to a subpoena?

Yes, through a legal motion called a motion to quash or modify the subpoena. This must typically be filed before the compliance deadline.

What if I’m a business and receive a subpoena for records?

Businesses frequently receive subpoenas for records in cases involving their customers or employees. Consulting legal counsel before responding is strongly advisable.

*Briefed provides general information and document understanding only. It does not provide legal advice and does not create an attorney-client relationship. Consult a licensed attorney for advice specific to your situation.*

Jurisdiction Notice: Laws governing this document type vary by state and locality. Deadlines, procedures, rights, and remedies described in this guide reflect general principles and may differ significantly in your jurisdiction. Nothing here should be relied upon as a statement of the law applicable to your specific situation. If you are unsure which rules apply to you, consult a licensed attorney in your state.