Being Served With a Subpoena


A subpoena1 is an order requiring you to be present at a legal proceeding, such as a trial or a grand jury hearing. (See sample grand jury subpoena). Usually you’re summoned to testify, but sometimes you’re required to bring documents or other items with you. A subpoena with an order that you bring something is a subpoena duces tecum.2 If you don’t appear when you’re told (bringing any specified items), a judge can have you taken into custody and brought to the hearing from jail.

Once in a great while, a lawyer may be able to persuade a judge to “quash” a grand jury subpoena, but the subpoenas are nearly always upheld.

A subpoena must be served on you before you’re bound by it. Normally, grand jury subpoenas are delivered to you, in person, by a law enforcement officer, who can come and find you at your home, work, school, etc.


1.  Subpoena is a Medieval Latin word combining sub (under) + poena (penalty); that is, "under penalty of law."

2.  More Latin: duces (you must bring) tecum (with you).