Understanding The Power Of A Subpoena
The subpoena is one of the most powerful tools at the disposal of any legal attorney in the nation. Attorneys are able, with a couple of strokes of the pen, to request any information in your life related to their case. Subpoenas can be some of the most time-costly court orders to prepare, and there is little you can do to get out of them once they have been ordered. However, there are some steps that you can take to better prepare yourself for these orders. If you have questions about getting subpoenaed, a Dallas, TX personal injury lawyer or the lawyer who is calling you to the stand, can help you to understand what to expect.
Types Of Subpoenas And Their Uses
Let’s now go over different kinds of subpoenas and what type of cases they are used in. The first kind of subpoena is a subpoena duces tecum, and this requests that you hand over documents that are relevant to the current legal dealings. The second type of subpoena is a deposition subpoena, and this requests that you provide an in-person testimony. The last type of subpoena is a subpoena ad testificandum, and this requests that you appear in court and testify.
In relation to the Latin translation of “subpoena,” meaning “under penalty,” if you do not comply with a subpoena, you could be subject to serious criminal charges. This may include fines, entry on your criminal record, and even jail time.
The types of civil cases that subpoenas are used in include divorce, custody, and support hearings. They are often used in these cases to gather bank records or obtain testimony. In a criminal case, subpoenas may ask you to speak as a witness. For the most part, during a criminal case, people who are subject to a subpoena are often not the target of the lawsuit or investigation.
If you are subpoenaed in a criminal case and you are not the defendant, often there is no real concern going into a court proceeding or deposition. If you did not do anything legally punishable, there is usually no worry when answering a lawyer’s questions. However, you should take the lawyer’s questions seriously and not answer in a flippant or immature manner.
How A Subpoena Is Delivered
Once a subpoena has been requested by an attorney, it will then be sent and issued by the local court clerk. After this happens, it will be sent to the individual. The three ways that you can be sent a subpoena include in-person hand delivery, certified mail sent to the last known address of the individual, and delivery to the last known email address of the individual.
If you have been subpoenaed, it is an extremely serious matter, and you are required by law to miss work or other commitments to fulfill the subpoena. However, if you reach out well in advance to the attorney who has requested the subpoena, you may be able to work out an alternative date to fulfill it. This will only work if you communicate with the attorney who sent the subpoena.
If an attorney is requesting sensitive documents, such as business records that are confidential, you can deny the request and set up a court hearing to protect your sensitive information. The process of a subpoena is expensive and can expose much of your private information in court. However, the court can place sensitive documents under protection to prevent them from becoming public.
Steps To Take After Receiving A Subpoena
A subpoena is a serious request and can lead to significant legal repercussions if not fulfilled. It is important, when you are served with a subpoena, to contact a reputable attorney and discuss the subpoena and how best to fulfill the request. After all, an experienced attorney will assist in protecting you from any further legal liabilities.
If you have questions about a subpoena or need help with another legal matter, Brandy Austin Law Firm provides legal guidance and representation for a wide range of legal needs, including family law, personal injury, estate planning, probate, business law, civil litigation, defamation, elder law, guardianship, limited scope services, and immigration.We offer free consultations and have 24/7 live answering. Reach out to us any time.
Reference
Schirm, B., & Suitt, C. (2025, July 9). Why Have I Been Served with a Subpoena? Super Lawyers. Retrieved October 1, 2025, from https://www.superlawyers.com/resources/criminal-defense/whats-a-subpoena-and-why-have-i-been-served/