What Is a Subpoena vs Summons? Key Differences Under U.S. Law

According to the Administrative Office of the U.S. Courts, the American legal system relies on formal written orders to compel participation in legal proceedings, including subpoenas and summonses. These documents carry legal authority and ignoring them can lead to serious consequences.

A subpoena and a summons are both court-issued or court-authorized documents, yet each one demands a different type of response. Confusion between the two causes missed court dates, default judgments, and contempt charges for thousands of Americans every year.

What Is a Summons Under U.S. Law?

A summons is a legal document that formally notifies an individual, business, or government entity that a lawsuit has been filed against them.

Legal definition

Under Federal Rule of Civil Procedure 4, a summons is issued by a court clerk and served to a defendant along with a copy of the complaint.

Purpose of a summons

The summons exists to achieve one clear goal: Inform the defendant and require a formal response within a specific timeframe.

Who receives a summons?

A summons is sent to:

• Individuals
• Corporations
• Small businesses
• Government agencies

Required response timeline

In federal civil cases:

• 21 days to respond after service
• 60 days if the defendant is the U.S. government

State courts often require 20 to 30 days, depending on state law.

What happens after receiving a summons?

The defendant must:

• File an answer
• File a motion to dismiss
• File another legally valid response

Failure to respond triggers legal consequences.

Example of a summons

A landlord files a lawsuit for unpaid rent totaling $8,400. The court issues a summons ordering the tenant to respond within 30 days. The tenant ignores it. The judge enters a default judgment, allowing wage garnishment of 25% of disposable income, as permitted by federal law.

What Is a Subpoena Under U.S. Law?

A subpoena is a legal order that requires a person to testify, produce documents, or provide evidence for a legal proceeding.

Legal definition

Under Federal Rule of Civil Procedure 45, a subpoena may be issued by:

• A court clerk
• An attorney authorized to practice in that court

Purpose of a subpoena

A subpoena exists to collect evidence, not to start a lawsuit.

The 3 types of subpoenas in the United States

There are three legally recognized subpoena categories:

1. Subpoena ad testificandum

Orders a person to:

• Appear in court
• Provide oral testimony

Example: A witness must testify at a criminal trial scheduled for April 14 at 9:00 AM.

2. Subpoena duces tecum

Orders a person to:

• Produce documents
• Provide records, emails, videos, or financial statements

Example: A bank must produce 24 months of account statements.

3. Deposition subpoena

Orders a person to:

• Appear for sworn testimony outside court
• Answer questions under oath

Learn More: What Is Restitution? Meaning & Law

Who can receive a subpoena?

A subpoena can be served on:

• Witnesses
• Employees
• Medical providers
• Banks
• Phone companies
• Third parties with relevant evidence

A person does not need to be involved in the lawsuit to receive one.

Subpoena vs Summons: 9 Key Differences

There are 9 legally significant differences between a subpoena and a summons.

1. Purpose

A summons starts a lawsuit.
A subpoena gathers evidence.

2. Recipient

A summons goes to a defendant.
A subpoena goes to a witness or evidence holder.

3. Legal authority

A summons comes directly from the court.
A subpoena may come from the court or an attorney.

4. Required action

A summons requires a legal response.
A subpoena requires testimony or documents.

5. Timeframe

A summons allows 20–60 days to respond.
A subpoena specifies a date, time, and place.

6. Consequences for ignoring

Ignoring a summons leads to default judgment.
Ignoring a subpoena leads to contempt of court.

7. Financial penalties

Default judgments can exceed $50,000 in civil cases.
Contempt fines often range from $500 to $5,000.

8. Criminal exposure

A summons rarely causes arrest.
A subpoena can result in arrest warrants.

9. Applicability

A summons applies only in lawsuits.
A subpoena applies in civil, criminal, and administrative cases.

What happens if you ignore a summons?

Ignoring a summons triggers automatic legal consequences.

Immediate outcomes

• Loss of right to defend
• Judge enters default judgment
• Plaintiff wins without trial

Long-term effects

• Wage garnishment
• Bank account levies
• Property liens
• Credit score damage

According to the Federal Trade Commission, debt-related default judgments account for over 70% of consumer court losses.

What happens if you ignore a subpoena?

Ignoring a subpoena creates criminal exposure.

Court penalties include:

• Contempt of court citation
• Daily fines accumulating beyond $1,000
• Bench warrant issuance
• Jail time up to 6 months in federal cases

Federal judges use contempt authority under 18 U.S. Code § 401.

Can you challenge a subpoena or summons?

Yes, legal challenges exist for both.

Challenging a summons

A defendant may:

• File a motion to dismiss
• Challenge improper service
• Contest jurisdiction

Challenging a subpoena

A recipient may:

• File a motion to quash
• Claim undue burden
• Assert privilege (attorney-client, medical)

Courts consider distance, cost, relevance, and privacy before enforcement.

Subpoena vs Summons in criminal cases

There are distinct differences in criminal proceedings.

Criminal summons

A criminal summons orders a defendant to appear for arraignment without arrest.

Criminal subpoena

A criminal subpoena compels:

• Witness testimony
• Forensic evidence
• Surveillance records

Prosecutors issue subpoenas under grand jury authority in federal cases.

Federal vs state law differences

While federal rules apply nationwide, state laws add variations.

Federal courts follow:

• Federal Rules of Civil Procedure
• Federal Rules of Criminal Procedure

State courts follow:

• State civil procedure codes
• Local service requirements

California allows 15 days to challenge a subpoena. Texas allows 20 days. New York allows 14 days.

Step-by-step actions after receiving one

After receiving a summons

1. Note the response deadline
2. Read the complaint carefully
3. Contact a licensed attorney
4. File a response before the deadline

After receiving a subpoena

1. Verify issuing authority
2. Identify the required action
3. Preserve requested documents
4. Consult legal counsel before responding

Final thoughts

A summons demands a defense. A subpoena demands cooperation. Confusing the two risks financial loss, legal penalties, and criminal exposure. Every year, more than 100 million civil cases are filed in U.S. courts, according to the National Center for State Courts. Knowing what that document means can save time, money, and peace of mind.

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