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
- Note the response deadline
- Read the complaint carefully
- Contact a licensed attorney
- File a response before the deadline
After receiving a subpoena
- Verify issuing authority
- Identify the required action
- Preserve requested documents
- 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.
FAQs
Is a subpoena more serious than a summons?
A subpoena carries stronger enforcement power, including arrest for noncompliance.
Can a subpoena be emailed?
Federal law allows electronic service with consent.
Can a summons be ignored if it feels unfair?
Ignoring it guarantees legal loss.
Can you represent yourself?
Self-representation is allowed, yet legal error rates exceed 65% among pro se defendants.
