Subpoena

What is a subpoena?

A subpoena is a formal legal document compelling someone, whether a party to the case or not, to produce documents, provide testimony, or both.

Unlike interrogatories and other discovery tools directed at the opposing party, a subpoena can reach non-parties who possess relevant information but are not themselves involved in the lawsuit.

This makes it a particularly important tool for obtaining records and testimony from treating physicians, employers, witnesses and other third parties who hold information relevant to the case.

Compliance is not optional in the way a casual request might be, since a subpoena carries the court's own authority behind it.

What are the different types of subpoenas?

Several variations exist depending on what is actually being compelled.

• A subpoena for documents, compelling production of specific records
• A subpoena for testimony, compelling appearance for a deposition or at trial
• A combined subpoena compelling both documents and testimony together
• A subpoena directed at a party to the case itself
• A subpoena directed at a non-party witness or record holder

Who commonly receives subpoenas in an injury case?

Treating physicians and medical facilities, to obtain complete records or compel testimony about treatment and prognosis.

Employers, to verify wage loss, work restrictions or relevant employment history.

Witnesses to the incident itself, particularly where they have proven reluctant to voluntarily provide a statement.

Third parties holding relevant records, such as a business with surveillance footage or a government agency with regulatory files.

What happens if someone does not comply?

Non-compliance can result in the court holding that person in contempt, along with other potential sanctions, since a subpoena carries genuine legal force rather than functioning as a mere request.

Legitimate objections can be raised, including that a subpoena is overly broad, seeks privileged information, or imposes an undue burden on the recipient.

These objections are typically resolved through motion practice before the court, rather than by simply ignoring the subpoena altogether, which carries its own separate risks.

Common questions

Can a subpoena reach someone who is not a party to my lawsuit?

Yes, this is precisely one of its main purposes, reaching witnesses, treating providers and record holders who are not themselves parties to the case.

What if I receive a subpoena and believe it is improper?

Specific legal objections can be raised and resolved through the court, though ignoring the subpoena entirely rather than raising a proper objection carries its own significant risk.

How is a subpoena different from a simple request for records?

A subpoena carries the court's own legal authority behind it, making compliance generally mandatory rather than optional in the way a casual informal request would be.