What is a Subpoena?

Subpoenas are critical to court proceedings, but many people may not fully understand their purpose or function. A subpoena is a legal, court-ordered written command that requires a person to either appear in court or provide certain documents relevant to a case. The information obtained through a subpoena is often used to support facts or arguments in a legal proceeding. The term “subpoena” translates to “under penalty,” meaning failure to comply can result in fines, jail time, or other civil or criminal penalties.

Types of Subpoenas

There are three main types of subpoenas:

• Subpoena ad testificandum: Also known as a Witness Subpoena, this requires an individual to testify in court or another legal setting.
• Subpoena duces tecum: This demands the provision of documents, materials, or other physical or electronic evidence.
• Deposition Subpoena: Used during the discovery phase of a lawsuit, this type requires an outside party to provide information or documents, though these may not always be used in the actual trial.

When and Why Subpoenas Are Used

Subpoenas are used in various legal cases, including personal injury cases, divorce and child custody cases, and criminal cases. Lawyers leverage subpoenas to gather crucial information that can support their client’s case by proving or disproving certain facts.

In personal injury cases, for example, attorneys often subpoena individuals or entities holding relevant information that can help resolve an accident victim’s claim. Subpoenas are commonly issued during the deposition stage of a personal injury lawsuit, which occurs after the case has been filed but before it goes to trial.

In other types of cases, subpoenas may be used to compel a spouse to appear during a child custody hearing or to obtain testimony from a witness in a criminal trial to establish guilt or innocence.

What Information Can Subpoenas Collect?

Subpoenas can request a wide range of information, including:

• Medical records or results of exams
• Insurance documents
• Financial records
• Surveillance footage or photographs
• Expert witness credentials
• DNA samples
• Blood test results

Receiving a subpoena does not necessarily imply wrongdoing. It simply means the court needs information you possess. For example, in a car accident case, a personal injury lawyer may subpoena a witness to corroborate the plaintiff’s claims. Conversely, a subpoena may also be used to challenge evidence, such as a disputed motor vehicle accident report.

What is Included in a Subpoena?

Subpoenas typically include essential details such as the case number, case reference information, purpose of the subpoena, and information about the issuing court. They may instruct the recipient to:

• Submit specific documents
• Appear in court at a designated location and time
• Allow for the inspection of certain materials

For subpoenas that require physical presence, the recipient must either reside in the same state or live or work within a 100-mile radius of the court. Subpoenas should not impose unreasonable travel expenses. If the subpoena only demands documents or materials, personal court appearances are generally not required.

Who Can Issue a Subpoena?

Subpoenas are usually issued and signed by an attorney authorized to practice law in the relevant court. In some cases, individuals representing themselves (pro se) or services hired by attorneys can also issue subpoenas. Additionally, government agencies may issue subpoenas as part of criminal or administrative investigations.

How Bert McDowell Injury Law Can Help

If you’ve been injured in an accident in Connecticut, having an experienced personal injury attorney on your side can make all the difference in your financial recovery. At Bert McDowell Injury Law, we understand how to use subpoenas effectively to gather the information necessary to build a strong case on your behalf. Whether it’s obtaining witness testimony, medical records, or other key evidence, we’ll handle every detail to ensure your rights are protected.

Don’t navigate the complexities of a personal injury case alone. Let us fight for the compensation you deserve. To schedule a FREE consultation, call us today at 475-231-3274. You can also reach out to us through the Contact page on our website. We’re here to help.