Q: Does getting a subpoena mean you will definitely have to testify?
My husband was told he was going to receive a subpoena to witness in an up coming trial. They also told him they might not use him at all. I thought subpoenas had to have dates and times, etc. declaring when someone will have to testify. Please help me understand.
A: A regular subpoena is a court order to appear and be prepared to give honest testimony. A subpoena duces tecum is a court order to provide evidence (typically documents) and it may specify a deadline that is before whatever trial or court setting where the evidence might be used to give the attorneys an opportunity to review it and perhaps make follow-up requests.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.