While quite similar, the two terms – subpoena and summons – refer to two different things. Summons requires a person to appear in court and marks the start of a legal proceeding. Meanwhile, subpoenas are issued after the beginning of a court case and require the recipient to provide certain evidence such as paperwork or require you to do something.
Summons and subpoenas are court orders that require recipients to do something for a legal proceeding. They are important documents they require a person to comply with the order or face criminal penalties.
Never Ignore Them
When you receive a subpoena or summons, it’s vital to carefully read it and comply with the rules. Usually, subpoena requests are detailed and specific. You should protect your documents from damage, be sure to prepare for the testimony required, and check the date of the hearing.
They Contain Specifics
Summons and subpoena are two types of legal documents that compel mandatory appearance in court. Both are issued to the person involved in a legal action, either the plaintiff or the defendant.
Summons are issued to the intended recipient and must be personally served upon the individual or business. The purpose of a summons is to compel the person or business to appear in person and testify about the case. The official document that obligates an individual to appear in court for a legal proceeding, summons have specifics outlined in them. A person who refuses to appear in court is punishable with a certain fine. This fine can be collected in the same manner as fines in other criminal cases.
A subpoena is issued by a court or government entity and states the name and title of the proceeding. It also specifies the date and time of the hearing. Before being served, the person who is subject to the subpoena must fill out all of the blanks. Subpoenas can also be issued by a magistrate in a case that is being heard before him. They can issue subpoenas with or without a seal, as long as they have jurisdiction over the case.
A subpoena requires a person to produce physical evidence or records. It also specifies a deadline for the production. Subpoenas are often used in criminal cases because they allow attorneys to collect evidence and present their case. A local criminal attorney from a law firm Koh Samui trusts, for example, will often issue subpoenas in order to obtain the testimony of a witness.
The purpose of a subpoena is to get the witness to provide information, including documents, before a trial. It is also used to obtain evidence from people who are not a party to a case. A subpoena form is available at the court clerk’s office. It requires the name of the witness, their address, and the courtroom where they can appear.
They Can Be Served By Sheriff
In the case of a lawsuit, a sheriff can serve a summons and subpoena. The sheriff is not required to serve a summons if it is issued by an attorney. But it should be served before the date the person is required to appear in court.
If a party cannot serve a summons or subpoena himself, they may choose to hire a private process server. A process server must be at least 18 years old and not be related to the lawsuit. Private investigators are common private process servers. They can only serve defendants after getting approval from the judge. After serving a summons, a private process server must also complete an affidavit and notarise it.
They Require An Answer From The Witness
A witness is required to answer a subpoena and summons if the witness is needed to testify in court. A witness who refuses to appear may be punished by a fine. These fines are collected like those in criminal cases.