Most of the time, subpoenas are issued for civil cases, such as car accidents, personal injuries, child custody, and divorces; however, it is not uncommon for subpoenas to be issued for criminal matters as well.
Were You Subpoenaed?
Now that you know what a subpoena is, you can learn how to manage yours. Do not be in fear of legal penalties when subpoenaed by the court. You will only face legal ramifications if you ignore the subpoena. Otherwise, a subpoena is simply a tool used by the justice system to gather evidence on both sides, prosecution and defense. If you received a subpoena, it is because the courts have credible suspicion that you have information relative to the case at hand.
For example, if you are a witness to a car wreck, you may be subpoenaed by the courts to provide your testimony so that the courts can establish fault. In another example, the courts may ask a husband to provide employment and payment records for the purpose of establishing an alimony agreement.
If you were subpoenaed, here’s what to do:
The first thing to do upon receiving a subpoena is to contact a lawyer. If you already work with a lawyer, or have worked with a trusted one in the past, contact them and inform them of the subpoena. Most often, attorneys will handle the details and requirements of subpoenas, and will inform clients of when and where to be if they need to provide testimonies in person.If you wish to represent yourself, you must first contact the number on the subpoena, and inform the clerk that you are willing to cooperate. Then you can simply fill in the details of the subpoena, and send it in to the address provided. If you have to testify in person, simply record the date, time, and location of the court hearing so that you are in accordance with your legal obligation.
If you need to deliver a subpoena…
Sometimes, you, as a party, need to deliver a subpoena. Generally, you would hire a process server to deliver a subpoena to a recipient. Neither you, your lawyer, nor anyone directly connected to the case cannot deliver a subpoena. And keep in mind, if a subpoena is not properly delivered, it cannot be enforced. Process servers are good at finding people that are difficult to locate.