When it comes to legal procedures, the terms "summons" and "subpoena" are often used interchangeably or confused with each other. However, they represent different types of legal documents that are used in different situations. Knowing the difference between them can help you understand your legal rights and obligations better.
A summons is a document issued by a court to notify an individual that a legal action has been filed against them. It orders the person to appear in court on a specific date and time to respond to the complaint filed against them. In other words, a summons is a legal notice that requires a defendant to appear in court to hear the allegations made against them and to defend themselves.
On the other hand, a subpoena is a document that requires a person to appear in court or to provide testimony or evidence in a legal case. Subpoenas can be issued for various reasons, such as information gathering, testimony, or evidence collection. They are generally issued to compel a witness or party to appear in court or to produce documents relevant to a case.
While the purpose of the two documents may seem similar, there are some key differences between a summons and a subpoena. For example:
- Issuer: A summons is issued by the court or the plaintiff's attorney, while a subpoena is issued by an attorney or a court clerk.
- Recipients: A summons is directed at a defendant, while a subpoena can be directed at a witness or a party to the litigation.
- Function: A summons is issued to compel a defendant to respond to the complaint made against them, while a subpoena is issued to compel a witness to provide testimony or produce evidence.
- Consequences: Failure to respond to a summons can result in a default judgment against the defendant. Failure to comply with a subpoena can result in a citation for contempt of court.
In summary, a summons and a subpoena are both legal documents, but they are used in different legal situations. A summons is used to notify an individual that they are being sued and to give them an opportunity to respond to the allegations against them. A subpoena is used to compel a witness or party to provide testimony or to produce documents relevant to a legal case. Understanding the differences between them can help you respond appropriately if one is issued to you.