A federal court subpoena is a legal summons asking a person to produce testimony or evidence for use in a federal court case. People are obliged to respond when they receive subpoenas, or they may be penalized for contempt of court. The subpoena provides information about where and when to appear, for those who choose to comply. People who want to contest a subpoena should retain the services of a lawyer to assist with filing a response to the summons.
In the United States, the federal court system includes the district courts, specialty courts such as bankruptcy courts, courts of appeal, and the Supreme Court of the United States. A federal court subpoena will provide information about the case, including the title and case number, along with information about the court. It should include a date and time and indicate what the subject of the subpoena is being asked to produce.
A subpoena ad testificandum asks the subject to appear in court to testify. This type of subpoena is issued to someone who may have been a witness to a crime or who has other information that would be relevant to the case. A subpoena duces tecum asks a person to submit evidence such as documents or recordings to the court. Both types of subpoena can be contested if someone feels that the federal court subpoena was improperly issued or if a hardship is involved in responding. For example, if someone is asked to retrieve electronic data that is difficult to access, they can fight a subpoena.
The federal court subpoena must be served to someone by a process server. When someone is served with a subpoena, it is important to be aware that the process server often knows very little about the case and may not be able to answer very many questions. The document should be reviewed and a lawyer should be contacted if one is needed. It is important to work with an attorney who is accustomed to practicing in courts at the federal level.
People should not ignore federal court subpoenas. A response is mandatory. Failure to comply with a subpoena can result in fines and jail time. Even if a subpoena appears to be issued in error to the wrong person, an attorney should still be secured to respond to the summons and clear the matter up. The federal court subpoena and any related documents, including copies of responses sent to the court should be stored in a secure place so that they can be referred to as needed.