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A Subpoena and a Summons are similar because they both give notice about a court proceeding. Differences between a Subpoena and a Summons include:
- who they are given to
- when they are given
- what they are used for
What is a Summons?
A Summons is an official notice of a lawsuit. It is given to the person being sued. If you sue someone, they need to know about it. This way, they can come to court and fight the lawsuit. When you serve the defendant with a Summons, you officially tell that you are suing them. You must follow the rules for giving the Summons to the defendants to properly file your case. For helpful videos on filing court papers, see theLaw Basics Video Series.
What is a Subpoena?
A Subpoena is a court order. You can use a Subpoena to requirea person to come to court, go to a deposition, or give documents or evidence to you. You must serve the Subpoena on the person.
How do I send a Summons?
If you sue someone, you must serve them with a Summons. This gives them notice of the lawsuit. “Service of process” is the formal name for giving a defendant a Summons to come to court. Each defendant must get individual service. You cannot serve the defendant yourself. You must serve a Summons in one of three ways:
- Service by the Sheriff
- Service by a special process server
- Service by Certified Mail (sometimes)
Service by the Sheriff
Service by the Sheriff is the easiest way to serve your Summons. You will have to pay the Sheriff a fee unless you have a court order that waives the fee. To see if you qualify, readFiling Court Papers for Freeor watch our videoFiling Court Papers for Free.
If you want the Sheriff to serve your Summons, take the Summons to the Sheriff. You will need one original and two copies, with the Complaint attached to each one. The Sheriff will give the Summons to the defendant by hand. They can also give it to someone who lives with the defendant who is at least 13 years old. Next, the Sheriff fills out a sworn statement on the back of the copy of the Summons. Then, they file it with the Clerk of the Court. The Court must have a record that the Sheriff served the Summons.
Service by a special process server
A special process server is someone other than the sheriff who can serve legal papers. A Motion to Appoint Special Process Server is a written request to use one. Learn more about requesting a special process server.
Service by Certified Mail
Some cases allow service by certified mail, such as a small claims cases. You do not need to have someone else serve the defendants. You may deliver the Summons and a copy of the Complaint by certified mail. It should be restricted delivery, return receipt requested. Restricted delivery means that only the person you addressed the Summons to can sign for it. A Return receipt is a green postcard that shows that the post office delivered the letter. Make sure you keep a record of when you sent the letter and to whom. Also, keep the green return receipt when you get it in the mail. It will prove to the court that you served the defendant.
How do I send out a Subpoena?
Sometimes, a witness will not testify in court willingly. You can Subpoena the witness, which requires them to come to court. You can also use a Subpoena during discovery. Discovery happens before trial. It lets both sides find information and evidence to prepare for their case. During discovery, you can Subpoena a person to come to a deposition and answer questions. You can also get evidence from a person or company who is not a party to the lawsuit.
To Subpoena a witness, you can get the form in the clerk’s office. Fill in the name of the case, the name and address of the witness, and the courtroom for the case. When you Subpoena a witness, you must pay them a witness fee and travel costs. The clerk can help you figure out the amount. Fill out the Subpoena and make out a check or money order to the witness. Then, you or any other adult may give the Subpoena and payment to the witness. You can give the Subpoena in person or by certified mail. Mail should be restricted delivery, return receipt requested. Make sure you keep a record of the delivery. You must be able to show that you gave the witness the Subpoena. You may also ask the sheriff's office to deliver the Subpoena and check to your witness.
During discovery, you can also get the Subpoena form in the clerk’s office in your courtroom. For a deposition, fill in the name of the case and the name and address of the witness. Also, fill in the place, time and date of the deposition. If you want documents, you must list what kind of documents you want in the Subpoena. Once you fill out the form, you or any other adult may give the Subpoena to the witness. You can give the Subpoena in person or by certified mail. Mail should be restricted delivery, return receipt requested. Make sure you keep a record of the delivery. You must be able to show that you gave the witness the Subpoena. You may also ask the Sheriff’s Office to deliver the Subpoena.
Can I ignore the Subpoena or Summons?
You should not ignore either a Subpoena or a Summons. You should talk to a lawyer if you get either one.
A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer.Your Summons should say so.
It is not anorder, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something. You will have to obey the court’s final decision even though you did not take part in the lawsuit.
There is one kind of Summons that youcannotignore. You cannot ignore a Citation to Discover Assets. If you lose a case and owe someone money, but do not pay it, you could get a Citation to Discover Assets. If you get a Citation to Discover Assets, you should talk to a lawyer right away. You should not ignore the Citation or fail to appear on the court date. If you do, you could face penalties.
You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena. Subpoenas are used in both criminal and civil cases. They can be given to anyone that might have helpful information about the case. This can be testimony or documents and evidence. If you get a Subpoena and do not want to testify or turn over documents, do not just ignore it. Ask a lawyer to help you figure out what to do.
What if the Summons was not properly served?
If the other party serves you improperly, go to court on the date stated in the Summons and tell the judge. The judge should not let the case against you go on if service was improper. The judge will probably not throw out the case against you. Instead, the judge will probably let the plaintiff try to serve you again. If the plaintiff properly serves you on the second try, the lawsuit may not be over. However, if youfile an Appearancebefore telling the judge about the improper service,you give up the right to say that you did not receive proper service.
If you receive a Subpoena, do not ignore it. It does not matter if the service was proper or not. If you know about the Subpoena, then you should follow the orders in it. If you think service was incorrect, you should talk to a lawyer right away about your options and rights.
E-filing in Illinois
E-filing is required in Illinois both for attorneys and people who are representing themselves in court. This may change the way serving a Summons or a Subpoena works. Check with thesheriffor localcircuit courtclerk for more information. The Illinois Supreme Court has informationregarding e-filing in Illinois.
Last full review by a subject matter expert
May 11, 2020
Legal Comment
Legal Comment
Very useful and simplified…
Submitted by Anonymous (not verified) on Fri, 03/05/2021 - 12:46
Very useful and simplified for any Layperson.
Reply
Submitted by Karla Baldwin on Fri, 03/05/2021 - 15:31
Hello and thank you for your comment. We are glad this was helpful.
NOT SERVED PROPERLY WITH SUMMONS/HOW TO FIND COURT DATE
Submitted by Anonymous (not verified) on Wed, 02/17/2021 - 03:12
I WAS IMPROPERLY SERVED A SUMMONS AND I DON'T SEE THE DATE TO SEE THE JUDGE, WHAT SHOULD I DO
Reply
Submitted by Karla Baldwin on Mon, 02/22/2021 - 16:59
Hello. Please contact a lawyer at Get Legal Help for assistance. Good luck to you.
absolutely clear
Submitted by Anonymous (not verified) on Sun, 09/06/2020 - 02:32
absolutely clear
Reply
Submitted by Karla Baldwin on Tue, 09/08/2020 - 12:37
Thank you. We are glad you found this helpful.
Difference between a summons and subpoena
Submitted by Anonymous (not verified) on Mon, 01/27/2020 - 17:13
Thank you that was clear. A subpoena is apparently what we in the British Commonwealth would call a witness summons. But I still don't understand the relaxed attitude to subpoena's being ignored in the US impeachment inquiry.
Reply
Submitted by Jack Etchingham on Wed, 01/29/2020 - 12:46
Thank you for your comment! And you are correct. The impeachment inquiry is unique.It involves questions about subpoenas that may not have a clear answer.
We are glad you found this page helpful!
Difference between a summons and subpoena
Submitted by Anonymous (not verified) on Wed, 08/28/2019 - 14:55
Was very helpful
clear and thorough
Submitted by Anonymous (not verified) on Tue, 04/16/2019 - 08:25
This was right to the point. Very clear and thorough. thanks
FAQs
What is the difference between summons? ›
...
Comparison Chart.
| Basis for Comparison | Summon | Warrant |
|---|---|---|
| Addressed to | Defendant or witness | Police officer |
What is a subpoena? For all practical purposes, a subpoena is simply another term for a witness summons and as such you should act in the same way as noted above.
What does court summons mean? ›If you've witnessed a crime, you might get a witness summons telling you to go to court. This means you'll have to be at the court on the day of the trial and give evidence if you're asked to. You should go to court if you get a summons - you can be arrested and taken to the court by the police if you don't.
What is the difference between summon and subpoena? ›If you are called as a witness you will receive a letter called a summons or a subpoena, depending on which type of court your case is going to heard in. A summons is for a case in the Magistrates' Court, while a subpoena is sent to witnesses for cases in the County or Supreme Courts.
How do you answer a summons without a lawyer? ›Filing Your Answer. Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
What is an example of a subpoena? ›To subpoena is to require someone to come to court. An example of to subpoena is when a lawyer petitions the court to ask their witness to come to court. An example of to subpoena is when the judge issues an order for someone to come to court. The most common type of subpoena, ordering a witness to testify.
What's another word for subpoena? ›| summons | process |
|---|---|
| writ | warrant |
| mandate | decree |
| command | call |
| order | court order |
A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines.
What happens when summons are issued? ›A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant. Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.
What happens at a summons hearing? ›At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .
Why is a summons issued? ›
A summon is usually served when legal action is taken against an individual, or a person is required to appear before a court as a witness in a proceeding. This document ensures that the person is called upon and his presence on the given date of the hearing.
What is a summons used for? ›A summons is a court issued document which starts the litigation process. The summons states the names of the complainant, known as the plaintiff, and the defendant(s) against whom the case is made. The summons also includes the name of the court from which the summons is served and the case number.
Can you reject a court summons? ›You can refuse to receive summon, the process server will report that you have refused. The high court judge will treat the same as service and heard the matter in your absence i.e you shall be heard ex-partee.
Can I ignore the subpoena or summons? ›You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena.
How do you respond to a summons letter? ›Replying to a summons in writing requires you to sign and date your reply. You should keep a copy for yourself before mailing the original to the plaintiff (or the plaintiff's attorney) stated in the summons. You must also file your answer with the court.
How do you write a letter of response to a summons? ›- Provide the name of the court at the top of the Answer. You can find the information on the summons. ...
- List the name of the plaintiff on the left side. ...
- Write the case number on the right side of the Answer. ...
- Address the Judge and discuss your side of the case. ...
- Ask the judge to dismiss the case.
Summons issued by the court personally to the Defendant or his agent. After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report.
How far in advance must a subpoena be served? ›If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.
How is a subpoena legally served? ›“Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.
How is a subpoena issued? ›A subpoena is a legal document issued by a court at the request of a party to a case. A subpoena compels a person to produce documents or give evidence at a hearing or trial.
What subpoena means? ›
A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be punishable as contempt.
What does it mean to take legal action? ›Definition of take legal action
: to do start a lawsuit against someone : to sue someone.
Examples of subpoena in a Sentence
Noun received a subpoena to appear as a witness for the prosecution Verb He was subpoenaed to testify in a hearing. The prosecutor subpoenaed the defendant's financial records.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Can a subpoena be served by text? ›1. In addition to the other modes of service of subpoenas and notices under the Rules of Court, trial courts may serve subpoenas and notices to parties, their counsels, and witnesses in criminal and civil cases through e-mail, telephone calls (landline or mobile phone), or by SMS.
What is a summons and complaint? ›A summons is a legal document issued by a court or by an administrative agency of government. A complaint is any formal legal document that sets out the facts and reasons that a party or parties believe are sufficient to support a claim against the university or university personnel.
How do you defend a summons? ›Speak to a lawyer.
After notifying the Plaintiff that you will defend yourself, you will have to issue a plea and answer all the questions regarding the allegations made against you in the summons (you have to do this 20 days after issuing your Notice to Defend).
There are essentially different types of summons grouped into three categories: Civil summons. Criminal summons. Administrative summons.
Does a summons expire? ›(1) No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.
What should a witness never do with their testimony? ›After a witness has testified in court, he/she should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.
Can you plead the Fifth if subpoenaed? ›
An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature. In other words, it must relate to either express or implied assertions of fact or belief.
How long does it take for a summons to come? ›A summons must be served at least 7 days before the court date if it is served by personal delivery, or 21 days before the court date if it is served by postal delivery. If a summons has not been correctly served, you are not obliged to appear in court in response to it.
What is the procedure of summons? ›summoned is in the active service of the Government, the Court or Magistrate issuing the summons should, in accordance with the provisions of section 72 of the Code of Criminal Procedure, ordinarily send it in duplicate, to the head of the office in which the person summoned is employed, who will cause the summons to ...
How many times summons can be issued? ›Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it's report is in file before the date of hearing .
Can you be summoned to court without being charged? ›All prosecutions will start by either a person receiving a summons to attend court or by being charged with an offence following arrest. Put simply a summons is a written order to attend a court to answer an allegation.
What are the different types of summons? ›There are essentially different types of summons grouped into three categories: Civil summons. Criminal summons. Administrative summons.
What are summons issued for? ›A summons is a court issued document which starts the litigation process. The summons states the names of the complainant, known as the plaintiff, and the defendant(s) against whom the case is made. The summons also includes the name of the court from which the summons is served and the case number.
What happens after summons is issued? ›Summons issued by the court personally to the Defendant or his agent. After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report.
Does court summons affect credit rating? ›The summons will advise you of your debt and a court hearing date. If you agree that you are responsible to pay the debt, please pay as set out in the details below. Receiving a summons for unpaid Council Tax doesn't affect your credit rating.
What happens at a summons hearing? ›At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .
Who can issue summons? ›
summoned is in the active service of the Government, the Court or Magistrate issuing the summons should, in accordance with the provisions of section 72 of the Code of Criminal Procedure, ordinarily send it in duplicate, to the head of the office in which the person summoned is employed, who will cause the summons to ...
How many summons can a court give? ›Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it's report is in file before the date of hearing .
How do you defend a summons? ›Speak to a lawyer.
After notifying the Plaintiff that you will defend yourself, you will have to issue a plea and answer all the questions regarding the allegations made against you in the summons (you have to do this 20 days after issuing your Notice to Defend).
(1) No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.
What happens if a court summons is ignored? ›If it's a criminal case - when two or four summons are ignored - the court will issue a Non-Bailable Warrant against the defendant which will be sent to the Court Police or Jurisdictional Police Station based on the distance from the defendant's residence from the court.
What is the next step after summon? ›Once a Summon is signed by the Presiding Officer/Judge and seal of the Court is affixed, the Summon is then given to a Police Officer to serve the same on the person summoned to the Court, ideally the summon should be served personally on the person who is summoned by tendering the duplicate copy of the summon.
How do you get a judge to rule in your favor? ›- Know the Court. Judges who preside in courts are human beings with their differences. ...
- Be Professional. ...
- Outline the Theory of your Case. ...
- Be Clear and Concise. ...
- Don't Focus too much on Technicalities.
So it can be a good idea to check to see if you have any summons regularly on PDRM's MyBayar Saman portal at https://mybayar.rmp.gov.my/.
Can a summons to court be Cancelled? ›How can I stop this process? Once a summons is issued, the proceedings can only be stopped by making a payment in full, including costs. Payments must be received by the council before the date of the court hearing.
What does it mean when you get summoned? ›A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer. Your Summons should say so.
What happens if summons not served? ›
In civil cases, avoiding and non-compliance of service of summons can lead to an ex-parte decree against the defendant. On the other hand, in criminal cases where the matters are of a serious nature, the Court first issues bailable warrants. If these warrants are not complied with, non-bailable warrants will be issued.