By: Akanksha A Panicker
It’s always a shock to receive a summons or a subpoena. Providing evidence is an imperative part of any case, however, and you are legally required to respond by the deadline. It’s hard to ensure that each party has had an adequate chance to represent themselves and provide proofs that corroborate their stance. Consequently, both these legal instruments are used as a way to ensure that an individual is brought before the court. The following article will elucidate areas of confusion between a summons or a subpoena and will demarcate the differences between the two.
[1.1] What Is A Summons?
A summons essentially provides legal notice to a party about a lawsuit, being the very first form of official communication that lets an individual know that they are being sued. While a summons may sometimes specify a court date, it is not always necessary.
A summons cannot be ignored, as it is legally binding and essential to ensure due process is followed. However, one will not be held in contempt for ignoring a summons, unlike a subpoena. The direct consequence of ignoring a summons is the issuance of a default judgement in favor of the plaintiff. In the event that the plaintiff themselves do not show, the case is to be dismissed. A summons thus essentially acts as an invitation to participate in the lawsuit. If one does not participate, they have no chance of winning and as a result, lose by default.
Service of process is how a summons is delivered to the individual, the form and content of which is widely depicted in Rule 4 of the Federal Rules of Civil Procedure.
By: Undisputed Legal/Subpoena Service Department
There are three kinds of Subpoena’s,
I. Subpoena To Testify. (Ad Testificandum)
Requires a person to come to the Court to testify as a witness.
II. Subpoena For Records. (Duces Tecum)
Requires documents, papers, writing, etc. to be brought to the Court.
III. Information Subpoena.
Requires the information be provided to the person requesting it.
Methods of Service
A Subpoena to Testify or a Subpoena for Records is generally served on an individual by a process server personal (in hand) delivery. For service on an individual, under certain circumstances it may be appropriate to use an alternate method of service such as “Substituted Service” or “Conspicuous Service.”
Newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena.
Effective January 1, 2011, pursuant to New York State C.P.LR. § 3119, the County Clerk will be required to, in a purely ministerial manner, issue a local subpoena seeking discoverable materials and/or individuals to be deposed, upon the receipt of a duly issued out-of-state subpoena. The terms of the local subpoena will mimic the out-of-state subpoena and also include all of the contact info of the out of state attorneys or the pro se litigant’s info. This amendment to the C.P.L.R. brings New York in line with other states which have already adopted the Uniform Interstate Depositions and Discovery Act, Which was enacted to create, “an efficient and inexpensive procedure to litigants to depose out-of-state individuals and for the production of discoverable materials that may be located outside of the trial state. In accordance with the above, upon receipt of an out-of-state subpoena the County Clerk will compare same with an in-state subpoena (to be drafted and presented by the one submitting the out-of-state subpoena, along with a copy of the in-state subpoena to be filed in the County Clerk’s Office). If the information requested in the out-of-state subpoena is identical to the in-state subpoena the Court Clerk will the then time stamp the in-state subpoena, as filed and return same for a fee of fifteen dollars ($15.00).
For more information on Subpoena Service visit www.undisputedlegal.com or call 1-800-774-6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact Undisputedlegal.com