Summons vs. Subpoena: What’s the Difference?

The legal landscape is filled with complex terms and documents that can be bewildering for those not acquainted with the field. Two such terms that often cause confusion are “summons” and “subpoena.” While both are legal tools used in court processes, they serve different purposes and have different implications for the individuals they are issued to. Let’s learn about the difference between summons and subpoena in this post.

Summons

A summons is essentially the document that commences a legal proceeding. It is an official notice that a lawsuit has been filed against an individual or entity, known as the defendant. The process of delivering a summons to the defendant is known as “service of process” and it fulfills the legal requirement to notify them of the lawsuit, ensuring their right to defend themselves in court. 

In San Antonio, Texas, the summons must contain the name of the court, the parties to the lawsuit, and a directive for the defendant on how they must respond. Importantly, failure to respond to a summons can result in a default judgment against the defendant and lead to financial or other penalties.

Subpoenas

On the other hand, a subpoena is a court order that requires an individual to appear in court, produce documents, or provide testimony relevant to a legal case. Subpoenas can be issued to parties directly involved in a lawsuit or to third parties who may hold relevant information or evidence. The authority of the court backs a subpoena. Ignoring or refusing to comply with a subpoena can lead to fines or imprisonment for contempt of court.

In the context of the legal processes in Texas, subpoenas serve as a vital tool during the discovery phase of a case, allowing attorneys to gather the evidence necessary to support their client’s position. Witnesses who may be hesitant to testify or parties unwilling to produce damaging documents are legally obligated to do so under a subpoena.

Methods of Service

A key aspect differentiating subpoenas from summons is the method of service. While a summons can often be served by sheriffs, certified mail or even special process servers, subpoenas require a more direct approach to ensure receipt by the intended party. This difference underscores the compulsory nature of a subpoena as compared to the informational role of a summons.

Legal Implications and Compliance

For anyone in San Antonio faced with either a summons or subpoena, the implications are significant. A summons alerts you to legal action taken against you, demanding your response and involvement in a legal dispute. A subpoena, whether you are directly involved in the case or not, mandates your participation by providing testimony or evidence crucial to the litigation process.

If you need guidance on your latest litigation, allow our team at Law Offices of Gary Churak, P.C. to answer and address all your legal needs. Call us at (210) 545-3850 or fill out this contact form to get an estimate.