Distinguishing Legal Summons: Understanding Subpoenas vs. Notices to Appear in Court - timscotty/timscotty GitHub Wiki

A subpoena and a notice to appear are two very different documents that require a witness to be present at a legal proceeding, but there are some very key differences between a subpoena to appear at hearing or trial vs a notice to appear at a trial.

What is a Subpoena?

A subpoena is an official legal document issued by a court that compels a witness to appear at a court hearing, the deposition or a trial. Subpoenas are used to get testimony from a witness or to require them to produce specific documents or any other evidence that is relevant to the case.

Some key things to know about subpoenas:

• They are issued by the court, at the request of one of the parties or their attorneys involved in the case. Witnesses do not have an option to ignore or refuse a subpoena unless they file a legal motion to have it quashed.

• The subpoena must be properly served to the recipient for it to be legally enforceable. Service is usually done in person or by the registered mail.

• If a witness fails to appear or refuses to testify after being subpoenaed, they may face a civil or criminal contempt of court charges and penalties such as fines or jail time.

• The subpoena specifies the name of the court where the person must appear, the title of the legal proceeding, the date they must appear, and any documents they must bring.

What is a Notice to Appear?

A notice to appear is different from a subpoena in some very important ways. A notice to appear invites a witness to attend a trial or hearing, but does not carry the same legal force.

Key differences of a notice to appear include:

• It is not court-ordered. A notice to appear is typically sent by the one of the parties in the case rather than the court itself.

• The recipient is not legally obligated to appear. While it informs someone that their presence is requested at a hearing, they may choose not to attend the hearing.

• Failure to appear after receiving a notice to appear does not lead to the penalties like contempt of court. There is no threat of any fines or arrest.

• Notices to appear are usually sent via the regular mail. They do not have to be officially served or proven to have been received.

When Are Each Used?

Subpoenas are used when the legal rules or procedures require certain witnesses to testify, or the court determines a witness may have some evidence that should be compelled for the case. They give the court legally enforceable power to obtain the testimony and also evidence.

Notices to appear provide advance warning to the potential witnesses that their presence is needed or desired at a hearing, but does not force them to attend. They are appropriate when a party would like a witness to appear but does not have any grounds to legally compel their appearance.

If you have received either a notice to appear or a subpoena for a legal proceeding, it is very important to read it carefully and understand what you are being asked and also whether you have an obligation to be present. Consulting with an attorney is also a very wise act to understand your responsibilities and rights as a witness and to make sure you are in compliance with any court orders or requests.