What is the difference between summons and subpoena




















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 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 an order, 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. There is one kind of Summons that you cannot ignore. 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. 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 you file an Appearance before 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 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 the sheriff or local circuit court clerk for more information. The Illinois Supreme Court has information regarding e-filing in Illinois. Only logged-in users can post comments. Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.

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.

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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. If you are called as a witness in a court case you will be sent a summons or subpoena and you must go to court. Keep your summons and subpoena letter and a copy of your police statement safe — you will need them when you go to court.

Support is available for people who are witnesses at court. Make sure you keep this letter because you will need to take it with you when you go to be a witness at court. Understandably, some people can be nervous or worried about going to court as a witness, but your evidence is important for the case.

The Victims Assistance Program can explain how courts work and what to expect, as well as help you prepare for going to court. Call the Victims of Crime Helpline on If your case is being heard in the County or Supreme Court, you can also contact the Victims and Witness Assistance Service External link on for information. When you get your summons or subpoena, check that you also have a copy of the statement you gave police during the investigation, because you will also need it for court.

If you cannot find it, you can contact the police officer in charge of the investigation to get a copy. Read more about how you can do this and get more information about the court case.

If you want to go, let the police officer in charge of the case know as soon as possible. They can let you know when the case will start. Menu The Crime The Crime The effects of crime The effects of crime Beyond the direct harm caused by a crime, there are common emotional and physical effects that you may experience. Types of crime Types of crime There are many different types of crime. How to report a crime How to report a crime Find out your options for reporting a crime in Victoria.

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Service standards you can expect Service standards you can expect You can expect to be treated with courtesy, respect and dignity by victim support services at all times. Your Message. During our consultation he was competent in the law and provided me with real expectations about what could happen in court.

Andrew kept his word that he would do his best to help me. This meant the world to me especially because I am a single mother of three children. I recommend him as a lawyer to anyone who requests legal services. All calls are being answered and returned by an attorney within the same day. We are here to help you. What is the difference between a summons and a subpoena? Decatur Lawyer A summons and a subpoena might sound and look similar, but there is a difference between the two as a Decatur lawyer can explain.

Understanding a Summons A summons is a an order given by the court requiring a person to appear at a hearing on a scheduled date.

When You Are Summoned or Subpoenaed If you have been summoned or subpoenaed by a court, you are legally required to respond by the deadline as a Decatur lawyer can explain. Search for:. Free Consultation.



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