What is a 'Subpoena'?
A court order for testimony or documents.
A subpoena is a formal order, issued by the court or by an attorney on the court's behalf, that requires someone who is not a party to the lawsuit to provide evidence.
Why it matters to you
Subpoenas let both sides gather evidence from people and companies outside the lawsuit. There are two common types. One requires a person to appear and give sworn testimony, such as at a deposition or hearing. The other requires a person or company to produce specific documents.
Be aware that the employer's side can use subpoenas too. If a friend, former coworker, or even a later employer receives one, or if you receive one yourself, let us know right away so we can explain what it means and respond appropriately.
An example from an employment case
In a discrimination case, we might subpoena a former supervisor who no longer works for the company and will not speak with either side voluntarily. The subpoena requires them to appear for a deposition and answer questions under oath about what they saw.
Every case is different. Ask your legal team how this applies to yours.
Related terms
Deposition, Document Requests, Evidence, Service of Process
Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.