A subpoena is a written court order that compels a person to give testimony at a stated time and place, or to produce documents and other tangible items. Ignoring one is not like ignoring ordinary mail: under federal law, failure to comply with a subpoena to appear may be punished as contempt, though a court does not automatically impose a fine or jail term for every missed request. That distinction matters, because the right response depends on the type of subpoena and the deadline on its face.
Receiving a subpoena does not mean you are accused of anything. Many people are subpoenaed simply because they witnessed an event, communicated with someone involved, or hold records that attorneys or investigators need, according to LegalTerms.net. The order is about access to information, not accusation. But it is far more than a formal request: a subpoena carries legal weight, with deadlines and compliance rules attached, and how you respond can shape what happens next.
This explainer covers the two types of subpoenas, who can issue them, what happens if you ignore a subpoena, and how a recipient can respond, object, or ask a court to quash the order. It is information about legal process, not legal advice; anyone facing a real deadline should consult a qualified attorney.
What are the two types of subpoenas, and what does each compel?
The first step is knowing which of the two main types arrived. A subpoena ad testificandum commands a person to appear and give testimony, in court or at a deposition. A subpoena duces tecum commands the production of documents, records, or other tangible objects. Cornell University's Legal Information Institute describes the distinction this way, and adds that a deposition subpoena is served outside of court, during discovery, rather than at a hearing.
Some subpoenas combine both commands: produce the documents, then appear to confirm or explain them. Misreading the type creates avoidable problems. A recipient who prepares documents when testimony was required may miss the hearing. One who ignores a document demand while waiting to testify may miss a production deadline. The commands, the dates, and the court named on the document control what must be done, not the label alone.
Who can issue a subpoena, and which rules apply?
It depends on the court system. In federal civil cases, Rule 45 of the Federal Rules of Civil Procedure governs issuance, service, and enforcement; the clerk supplies a signed blank subpoena, and an authorized attorney may issue and sign one without a judge first approving each demand, as USLawExplained notes. In federal criminal cases, Rule 17 governs instead, and the clerk issues a signed and sealed subpoena to the requesting party. State proceedings follow their own statutes and rules, which differ on who may issue and on fees and limits.
Two details often surprise recipients. First, the issuing court and the court that resolves disputes are not always the same; many challenges are decided by the court for the place of compliance. Second, nationwide service does not mean nationwide compelled travel. Where a person lives and where compliance is required can matter. The constitutional root also differs by context: the Sixth Amendment guarantees a criminal defendant compulsory process to obtain favorable witnesses, a protection separate from the civil rules. For related coverage, see How clearance rates are calculated, and why they often mislead.
What happens if you ignore a subpoena?
The short answer is contempt of court, though not automatically. Under federal Rule 45, contempt is available for failure to obey a subpoena without adequate excuse. USLawExplained puts the point plainly: the rule permits contempt, but it does not say every missed request produces a fine or jail term. The court weighs whether the failure was willful and whether the recipient had a valid reason.
Contempt sanctions vary by jurisdiction and circumstance and can include fines or, in some cases, jail. The safer framing is procedural: ignoring the order forfeits the chance to raise objections or ask the court to limit or cancel it. A subpoena cannot simply be set aside by silence. The person who responds, on the record and on time, keeps options open; the person who does not leaves the decision to the court.
How should you respond, object, or seek to quash one?
Practical steps, drawn from the sources, run in this order:
- Read the entire document. Note the issuing court, the case name and number, each command, and every date.
- Record the service and compliance dates, and preserve any responsive material. Destroying or altering records after a subpoena arrives creates separate exposure.
- Identify whether the command is testimony, document production, or both, and whether any requested material is privileged. Privileged testimony or documents, such as material protected by a recognized legal privilege, need not be produced, per Cornell's Wex definitions.
- If a document or inspection demand seems improper, timely written objections can protect against it pending a court order in federal civil cases. But filing an objection is not a universal excuse to skip a deposition; an attendance command needs separate attention.
- If the subpoena is unreasonable or oppressive, a motion to quash asks the court to modify or cancel it. Federal criminal Rule 17 provides for quashing an unreasonable or oppressive document subpoena, and federal civil practice provides a parallel route.
- Get advice promptly if any part is disputed. The window to object is short, and missing it narrows the options.
Our analysis of the sources suggests the single most common error is treating the subpoena like correspondence. It is a court order with a timeline. The response clock starts at service, whether or not the recipient understands the document.
What this means for ordinary recipients
Most people who receive a subpoena are witnesses or records custodians, not subjects of investigation, per LegalTerms.net. Being involved in a legal process is not the same as being at legal risk. The order usually means the legal process needs something you have.
The evidence supports a restrained conclusion: a subpoena compels testimony, documents, or both; authorized attorneys and clerks can issue one without a judge approving each demand; and noncompliance risks contempt, with the severity left to the court's judgment. What remains uncertain in any given case is how a particular court will weigh an excuse or a challenge, which is precisely the question a qualified attorney is positioned to answer. The paperwork is the start of a process, not the end of one. This connects to our earlier piece, How seasonal patterns show up in crime data, and which ones hold.
