At Lotze Mosley, LLP, our Washington D.C. criminal defense attorney knows that subpoenas are essential legal documents that may have substantial repercussions if ignored. Since there are multiple types of subpoenas, the kind of subpoena will determine what is required of the recipient.
Here, we discuss the different types and their meaning to those served.
What are the Different Types of Subpoenas?
Subpoenas are legal documents used in the judicial system to compel individuals to testify or produce evidence in legal proceedings. There are several types of subpoenas, each serving a specific purpose. Here’s a detailed overview of the different types of subpoenas:
Subpoena Ad Testificandum
- Purpose: Compels a person to testify before a court, legal body, or during a deposition.
- Common Use: Used to secure the presence of witnesses to provide oral testimony in trials, hearings, or depositions.
Subpoena Duces Tecum
- Purpose: Requires a person to produce documents, records, or other physical evidence relevant to a legal proceeding.
- Common Use: Often used to obtain business records, medical records, electronic communications, financial documents, or other tangible evidence.
Deposition Subpoena
- Subtypes: Includes ad testificandum (for oral testimony) and duces tecum (for documents).
- Purpose: Commands a person to appear and testify at a deposition and may also require the production of documents.
- Common Use: Used in the discovery phase of litigation to gather information from parties and non-parties.
Trial Subpoena
- Purpose: Requires an individual to appear and testify at a trial.
- Common Use: Issued to witnesses whose testimony is necessary during the trial proceedings.
Grand Jury Subpoena
- Subtypes: Includes ad testificandum (for testimony) and duces tecum (for documents).
- Purpose: Compels testimony or the production of evidence before a grand jury.
- Common Use: Used in criminal investigations to gather evidence and witness testimony for grand jury proceedings.
Administrative Subpoena
- Purpose: Issued by government agencies to compel testimony or the production of documents as part of an administrative investigation or hearing.
- Common Use: Used by regulatory bodies, such as the SEC, IRS, or OSHA, during investigations or regulatory enforcement actions.
What are the Critical Components of a Subpoena?
Subpoenas are typically issued by courts, attorneys, or government agencies. They must specify the person to whom it is directed, the time and place for compliance, and the required documents or testimony.
Subpoenas must be properly served to the individual, usually through personal delivery, mail, or other approved methods.
How Should I Respond to a Subpoena?
You must comply by appearing to testify or producing the requested documents if you received a subpoena. Before you do, it is generally advised to speak with a skilled criminal defense attorney first to understand your legal rights and options.
If you believe the subpoena is overly broad, unduly burdensome, or requests privileged information, we can help you file an objection or a legal motion to invalidate the subpoena, often on grounds such as irrelevance or violation of rights.
Call (202)-393-0535 to speak with our skilled criminal defense attorneys at Lotze Mosley, LLP in Washington, D.C. We will protect your rights from the start, allowing you to make informed decisions about the direction of your case.
