A subpoena is a legal document that orders a person to appear in court, give testimony, or produce documents or other evidence. In personal injury cases, subpoenas are used to gather important information that helps prove or defend a claim.
Types of Subpoenas
- Subpoena Ad Testificandum: This type requires a person to appear and testify, either at a deposition or in court. For example, a witness to a car accident may be subpoenaed to describe what they saw.
- Subpoena Duces Tecum: This orders a person to produce documents, records, or other physical evidence. For example, a hospital may be subpoenaed to provide a patient’s medical records after an injury.
Purpose of a Subpoena in Personal Injury Cases
Subpoenas are used to gather evidence, verify claims, uncover facts, and ensure that all parties have access to the necessary information. They help build a case by making sure critical documents and testimony are available.
This process ensures that both sides have access to critical information needed for a fair trial. Without subpoenas, key evidence might be hidden or lost, making it harder to prove or defend a case.
Who Can Issue a Subpoena?
A lawyer handling the case will issue a subpoena. Sometimes, the court itself may issue one directly. Subpoenas must follow strict rules to be valid.
How a Subpoena Is Served
A subpoena must be delivered (served) appropriately, usually by a process server, sheriff, or sometimes by certified mail, depending on local laws. The person receiving it must comply unless they have a legal reason not to.
Responding to a Subpoena
The person served must either:
- Appear at the time and place stated.
- Produce the requested documents. Failing to respond can lead to penalties like fines or being held in contempt of court.
Objecting to a Subpoena
If the subpoena is unreasonable, irrelevant, or overly burdensome, the person or their lawyer can file a motion to quash (cancel) it. Courts will decide if the subpoena should be enforced or modified.
Common Uses in Personal Injury Law
| Common Use | Purpose |
| Medical Records | To prove the extent of injuries. |
| Employment Records | To show lost wages or work restrictions. |
| Surveillance Footage | To capture the incident. |
| Witness Testimony | To confirm how the accident happened. |
Consequences of Ignoring a Subpoena
Ignoring a subpoena can result in fines, arrest warrants, and court sanctions. It is a serious legal obligation, not just a request.
Special Considerations
- HIPAA Compliance: In medical record subpoenas, privacy laws must still be respected.
- Subpoena Limits: A subpoena cannot request protected or privileged information without a court’s permission.
- Jurisdiction Rules: Subpoenas must comply with local and state rules about service and scope.
