Subpoenas are often mentioned in the Pennsylvania news, but the technical meaning of this legal term, which functions as a court order, may not be understood by everyone. According to Cornell University’s Legal Information Institute, a subpoena is a document that compels a person to provide testimony in some sort of formal legal setting. These written orders often require the person to appear before a court, but they can also involve other types of proceedings, such as providing testimony for a Congressional inquiry.
The required contents of a subpoena issued in Pennsylvania are described in Rule 107 of the Pennsylvania Code. According to this rule, subpoenas used in criminal cases, such as for drug possession or drug manufacturing, must contain:
- The name of the witness being called.
- The location at which the witness must testify.
- The date and time at which the witness must appear.
- Details regarding any materials the witness is required to bring.
- The name of the party on whose behalf the person is being called to give testimony.
- If applicable, the name and contact information of the attorney applying for the subpoena.
The LII notes that those who do not adhere to the requirements of a subpoena are at risk of being found in contempt of court. This is true in Pennsylvania; Rule 140 of the Pennsylvania Code explains that in this state, those who ignore a subpoena may be subject to contempt proceedings. Punishment for contempt can include a maximum fine of $100. If this is not paid, the person found in contempt may be imprisoned for up to 10 days.
Understanding Subpoenas
A subpoena is a legal document issued by a court, attorney, or administrative agency that compels individuals to provide testimony or produce evidence relevant to a legal proceeding. It serves as a crucial tool in the discovery process, ensuring that all parties have access to pertinent information necessary for the resolution of legal disputes.
Subpoenas can be issued in various forms, including court-issued subpoenas and administrative subpoenas. These documents play a vital role in the legal system by mandating the presence of witnesses or the production of evidence, thereby facilitating the fair and thorough examination of facts in legal proceedings.
Types of Subpoenas and Compliance
There are several types of subpoenas, each with its own specific requirements and purposes. Some common types of subpoenas include:
- Subpoena duces tecum: Requires the production of documents or other physical evidence.
- Subpoena ad testificandum: Requires a person to testify in a deposition or at a trial.
- Subpoena ad respondendum: Requires a person to answer written questions.
- Subpoena in aid of execution: Used to enforce a court judgment or order.
Complying with a subpoena’s requirements is mandatory. Failure to comply with a subpoena may result in legal penalties, fines, and contempt of court charges. It’s essential to take subpoenas seriously and respond promptly and appropriately.
Ignoring a subpoena can lead to significant legal consequences, including being held in contempt of court, which underscores the importance of adhering to these legal orders.
Witness Obligations and Fees
Witnesses who receive a subpoena have certain obligations and rights. They are required to appear at the designated time and place and to provide truthful testimony. Witnesses may also be entitled to witness fees, which can include:
- Daily fees (currently $35.00)
- Mileage actually traveled (currently $0.20 per mile)
- Additional costs incurred
Witnesses should consult with legal counsel to understand their rights and obligations under a subpoena. These fees are intended to compensate witnesses for their time and expenses, ensuring that they are not unduly burdened by their participation in legal proceedings.
Confidentiality and Subpoena Compliance
In some cases, the USA PATRIOT Act may prohibit disclosure of the subpoena’s existence. This may limit what information can be shared. It’s crucial to consult Legal Affairs when receiving a subpoena to ensure compliance with legal constraints and confidentiality requirements. Adhering to these confidentiality rules is essential to avoid legal repercussions and to protect sensitive information that may be involved in the legal proceedings.
Consequences of Non-Compliance
Failure to comply with a subpoena can have serious consequences, including:
- Legal penalties
- Fines
- Contempt of court charges
- Loss of privileges
- Damage to reputation
It’s essential to take subpoenas seriously and respond promptly and appropriately to avoid these consequences. Non-compliance can result in significant legal and personal repercussions, highlighting the importance of adhering to court orders and fulfilling legal obligations.
Why Rubin, Glickman, Steinberg & Gifford P.C. Is Your Partner in Subpoena Compliance
Subpoenas are powerful legal tools, and failing to respond properly can result in significant penalties, including contempt of court charges. At Rubin, Glickman, Steinberg & Gifford P.C., we have over 65 years of experience helping individuals and businesses navigate the complexities of legal proceedings, including handling subpoenas with precision and care.
Recognized by U.S. News & World Report and Pennsylvania Super Lawyers, our team works closely with you to ensure compliance with subpoena requirements while safeguarding your rights and sensitive information. Contact us at (215) 822-7575 or through our contact form to discuss your subpoena-related concerns and protect your interests.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
January 29, 2025
