By Jedidiah McKeehan
Let’s say you are sitting at home and a stranger knocks on your door and hands you a piece of paper that says “Subpoena” on it. You might think, “Do I need a lawyer? Am I in trouble?” While it may seem intimidating, a subpoena is simply a legal document that means you are being asked—more accurately, required—to do something related to a court case.
There are two common types of subpoenas. One is a subpoena to testify, which requires you to appear in court on a certain day and time to answer questions, usually because you witnessed something or have information that might be helpful to the case. The other is a subpoena duces tecum, which is Latin for “bring with you,” and that one tells you to bring documents, records, photos, or some other type of evidence with you to court or to a lawyer’s office.
Now you might be thinking, “Can’t I just ignore this?” The answer is: not a good idea. Subpoenas are issued by a court or by an attorney acting on behalf of the court. If you fail to comply—meaning you don’t show up or don’t bring what you were told to bring—you could be held in contempt of court. That could result in fines, and in extreme cases, even jail time. So yes, take it seriously.
What if going to court or providing documents is a huge inconvenience for you? You can reach out to the lawyer who issued the subpoena and explain your concerns. Sometimes there’s room to reschedule or find a compromise. But don’t just throw the subpoena in a drawer and hope it goes away. It won’t.
Subpoenas can even show up in cases you’re not directly involved in. For example, if you’re a school administrator, you might be subpoenaed for student records. If you work at a hospital, you might have to provide medical records. You might be a witness in a car wreck that happened outside your house. Just because you aren’t being sued doesn’t mean you won’t be asked to participate in the process.
So if you receive a subpoena, don’t panic. Read it carefully. See what it asks you to do. If you’re unsure what to do next, you can always reach out to a lawyer for advice. Most importantly, don’t ignore it.
Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.
