A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit.
A summons is a paper issued by a court informing a person that a complaint has been filed against her.
A summons is a document that accompanies a complaint at the start of a legal case. It is the document that brings the defendant into the court's jurisdiction. It must be served with the complaint and advises the defendant of his or her obligation to respond to the complaint.
A subpoena is not used to start a case. It is used to get somebody to testify as a witness or to produce documents in an existing case. A subpoena is usually not needed to get a party to the case to testify or produce documents, because they are already "in the case" after having been served a summons and complaint.
In both cases, there are rules that tell you how you must deliver the document to make it effective. Each state's rules may be different, but typically both subpoenas and summons must be personally served -- that is, given directly to the person to whom it is directed.
A summons is a paper issued by a court informing a person that a complaint has been filed against her. It may be served by a sheriff or other authorized person for service of process, called a process server. The summons states the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions on how to file a required response.
A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit. The power to subpoena a person is granted officers of the court, such as clerks of courts, attorneys and judges. A person may be subpoenaed to appear in court or any designated location to provide testimony for trial or deposition or produce documents or other evidence.
What is the difference between a Subpoena and a Summons?
summons or subpoena.
summons or subpoena, yes
That is the correct spelling of the word "subpoena" (a court summons to testify).
Summons or subpoena.
This depends on what type of subpoena it is. It can be served by a sheriff deputy, a process server, an attorney, or yourself if you're handling your own case (pro se). A subpoena is prepared for its purpose. You go to the Clerk's Office to have it stamped with a seal of the Court (this costs about $1), then you have it served. The Sheriff's Office charges about $20 or more and a deputy will serve it for you. A subpoena has the same type of authority as a Summons. The difference between the two is that a Summons is served to a person to appear before a judge, and only if the person is the Defendant. Subpoenae are served to witnesses.
A subpoena is an order with the force of law behind it. A request is just that, you are ask if you will do something.
If he has been served with a subpoena or a summons, yes, he must.
In the UK, the equivalent of a subpoena is a 'summons'. It is known by this name in both and English and Scots law, which are entirely separate legal systems.
A "subpoena duces tecum." directs an individual to come to court and directs that certain items be brought with them. A 'regular' subpoena simply directs the individual to come to court.
By subpoena, or summons, or if the person is actually in court, the judge can order it personally.
This depends on what your summons was for.Added: Although you must appear in response to a SUBPOENA, a summons is another matter. As stated above it all depends on what the court action was, and what the summons was for. Contact the Clerk of Court's office for further information.
By "abode service" - e.g., his girlfriend can sign for the summons/subpoena.