I Was Served with a Subpoena – What Do I Do?
Being served with a subpoena can be stressful and confusing, especially if you’re unfamiliar with the legal system. Whether the subpoena is related to a civil lawsuit, a criminal case, or a government investigation, it’s important to understand your rights, obligations, and next steps.
If you’ve received a subpoena, here’s what you need to know.
What Is a Subpoena?
A subpoena is a formal legal document that orders you to do one of two things:
- Testify as a witness at a deposition, hearing, or trial (this is called a subpoena ad testificandum), or
- Produce documents or evidence (this is called a subpoena duces tecum).
Subpoenas are issued by courts, attorneys, or government agencies. Ignoring a subpoena can lead to serious consequences, including fines or contempt of court charges.
Step 1: Read the Subpoena Carefully
Start by reviewing the document closely. Pay attention to the following details:
- Who issued it (court, attorney, government agency)
- What it requires you to do (appear in court, give testimony, or produce documents)
- Where and when you must comply
- What case or investigation it relates to
Look for any deadlines and instructions about how to respond. If the subpoena demands the production of documents, it may also include a list of items and a location for delivery.
Step 2: Do Not Ignore It
A subpoena is a court order. Failing to comply can result in penalties, including being held in contempt of court, which may carry fines or even jail time.
Even if you think you have no relevant information or involvement in the case, you must respond appropriately. Silence or inaction is not a legal defense.
Step 3: Contact an Attorney
If you’re unsure why you received the subpoena or what your rights are, you should speak to an attorney — especially if:
- You are unsure whether the subpoena is valid
- You believe responding could incriminate you or reveal sensitive information
- You are being asked to produce confidential, privileged, or proprietary documents
- You are a potential target or subject of the investigation
- You want to challenge or limit the scope of the subpoena
An attorney can help you understand what is being asked, review your obligations, and assist you in responding properly.
Step 4: Gather the Requested Information (If Applicable)
If the subpoena is asking you to produce documents, begin collecting the materials requested. This may include:
- Emails
- Contracts
- Financial records
- Reports or memos
- Text messages or call logs
Only provide what is specifically requested. If certain documents are privileged (e.g., attorney-client communications), you may be able to object to their disclosure.
Step 5: Consider Filing an Objection or Motion to Quash
You may be able to challenge the subpoena if it is:
- Overly broad or vague
- Unreasonably burdensome
- Requiring disclosure of privileged information
- Improperly served
- Outside the court’s jurisdiction
In these cases, your attorney can file a motion to quash or motion for a protective order with the court. Do not ignore the subpoena while waiting to make this decision — legal deadlines still apply.
Step 6: Prepare for Testimony (If Required)
If you are ordered to testify, your attorney can help you prepare for questioning. You should:
- Review any documents or facts related to your testimony
- Understand your rights (especially your Fifth Amendment right against self-incrimination)
- Dress appropriately and arrive on time
- Answer truthfully and succinctly
You are allowed to have your lawyer present during a deposition or court testimony.
Final Thoughts
Being served with a subpoena can be unsettling, but it does not necessarily mean you are in legal trouble. It does mean, however, that the legal system expects your cooperation — and that there can be consequences for noncompliance.
If you’ve been served with a subpoena, the most important thing you can do is stay calm, read the document carefully, and consult an attorney if you have any concerns.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
