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A Subpoena and a Summons are similar because they both give notice about a court proceeding. Differences between a Subpoena and a Summons include:
- who they are given to
- when they are given
- what they are used for
What is a Summons?
A Summons is an official notice of a lawsuit. It is given to the person being sued. If you sue someone, they need to know about it. This way, they can come to court and fight the lawsuit. When you serve the defendant with a Summons, you officially tell that you are suing them. You must follow the rules for giving the Summons to the defendants to properly file your case. For helpful videos on filing court papers, see theLaw Basics Video Series.
What is a Subpoena?
A Subpoena is a court order. You can use a Subpoena to requirea person to come to court, go to a deposition, or give documents or evidence to you. You must serve the Subpoena on the person.
How do I send a Summons?
If you sue someone, you must serve them with a Summons. This gives them notice of the lawsuit. “Service of process” is the formal name for giving a defendant a Summons to come to court. Each defendant must get individual service. You cannot serve the defendant yourself. You must serve a Summons in one of three ways:
- Service by the Sheriff
- Service by a special process server
- Service by Certified Mail (sometimes)
Service by the Sheriff
Service by the Sheriff is the easiest way to serve your Summons. You will have to pay the Sheriff a fee unless you have a court order that waives the fee. To see if you qualify, readFiling Court Papers for Freeor watch our videoFiling Court Papers for Free.
If you want the Sheriff to serve your Summons, take the Summons to the Sheriff. You will need one original and two copies, with the Complaint attached to each one. The Sheriff will give the Summons to the defendant by hand. They can also give it to someone who lives with the defendant who is at least 13 years old. Next, the Sheriff fills out a sworn statement on the back of the copy of the Summons. Then, they file it with the Clerk of the Court. The Court must have a record that the Sheriff served the Summons.
Service by a special process server
A special process server is someone other than the sheriff who can serve legal papers. A Motion to Appoint Special Process Server is a written request to use one. Learn more about requesting a special process server.
Service by Certified Mail
Some cases allow service by certified mail, such as a small claims cases. You do not need to have someone else serve the defendants. You may deliver the Summons and a copy of the Complaint by certified mail. It should be restricted delivery, return receipt requested. Restricted delivery means that only the person you addressed the Summons to can sign for it. A Return receipt is a green postcard that shows that the post office delivered the letter. Make sure you keep a record of when you sent the letter and to whom. Also, keep the green return receipt when you get it in the mail. It will prove to the court that you served the defendant.
How do I send out a Subpoena?
Sometimes, a witness will not testify in court willingly. You can Subpoena the witness, which requires them to come to court. You can also use a Subpoena during discovery. Discovery happens before trial. It lets both sides find information and evidence to prepare for their case. During discovery, you can Subpoena a person to come to a deposition and answer questions. You can also get evidence from a person or company who is not a party to the lawsuit.
To Subpoena a witness, you can get the form in the clerk’s office. Fill in the name of the case, the name and address of the witness, and the courtroom for the case. When you Subpoena a witness, you must pay them a witness fee and travel costs. The clerk can help you figure out the amount. Fill out the Subpoena and make out a check or money order to the witness. Then, you or any other adult may give the Subpoena and payment to the witness. You can give the Subpoena in person or by certified mail. Mail should be restricted delivery, return receipt requested. Make sure you keep a record of the delivery. You must be able to show that you gave the witness the Subpoena. You may also ask the sheriff's office to deliver the Subpoena and check to your witness.
During discovery, you can also get the Subpoena form in the clerk’s office in your courtroom. For a deposition, fill in the name of the case and the name and address of the witness. Also, fill in the place, time and date of the deposition. If you want documents, you must list what kind of documents you want in the Subpoena. Once you fill out the form, you or any other adult may give the Subpoena to the witness. You can give the Subpoena in person or by certified mail. Mail should be restricted delivery, return receipt requested. Make sure you keep a record of the delivery. You must be able to show that you gave the witness the Subpoena. You may also ask the Sheriff’s Office to deliver the Subpoena.
Can I ignore the Subpoena or Summons?
You should not ignore either a Subpoena or a Summons. You should talk to a lawyer if you get either one.
A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer.Your Summons should say so.
It is not anorder, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something. You will have to obey the court’s final decision even though you did not take part in the lawsuit.
There is one kind of Summons that youcannotignore. You cannot ignore a Citation to Discover Assets. If you lose a case and owe someone money, but do not pay it, you could get a Citation to Discover Assets. If you get a Citation to Discover Assets, you should talk to a lawyer right away. You should not ignore the Citation or fail to appear on the court date. If you do, you could face penalties.
You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena. Subpoenas are used in both criminal and civil cases. They can be given to anyone that might have helpful information about the case. This can be testimony or documents and evidence. If you get a Subpoena and do not want to testify or turn over documents, do not just ignore it. Ask a lawyer to help you figure out what to do.
What if the Summons was not properly served?
If the other party serves you improperly, go to court on the date stated in the Summons and tell the judge. The judge should not let the case against you go on if service was improper. The judge will probably not throw out the case against you. Instead, the judge will probably let the plaintiff try to serve you again. If the plaintiff properly serves you on the second try, the lawsuit may not be over. However, if youfile an Appearancebefore telling the judge about the improper service,you give up the right to say that you did not receive proper service.
If you receive a Subpoena, do not ignore it. It does not matter if the service was proper or not. If you know about the Subpoena, then you should follow the orders in it. If you think service was incorrect, you should talk to a lawyer right away about your options and rights.
E-filing in Illinois
E-filing is required in Illinois both for attorneys and people who are representing themselves in court. This may change the way serving a Summons or a Subpoena works. Check with thesheriffor localcircuit courtclerk for more information. The Illinois Supreme Court has informationregarding e-filing in Illinois.
Legal Comment
Legal Comment
Very useful and simplified…
Submitted by Anonymous (not verified) on Fri, 03/05/2021 - 12:46
Very useful and simplified for any Layperson.
Reply
Submitted by Karla Baldwin on Fri, 03/05/2021 - 15:31
Hello and thank you for your comment. We are glad this was helpful.
NOT SERVED PROPERLY WITH SUMMONS/HOW TO FIND COURT DATE
Submitted by Anonymous (not verified) on Wed, 02/17/2021 - 03:12
I WAS IMPROPERLY SERVED A SUMMONS AND I DON'T SEE THE DATE TO SEE THE JUDGE, WHAT SHOULD I DO
Reply
Submitted by Karla Baldwin on Mon, 02/22/2021 - 16:59
Hello. Please contact a lawyer at Get Legal Help for assistance. Good luck to you.
absolutely clear
Submitted by Anonymous (not verified) on Sun, 09/06/2020 - 02:32
absolutely clear
Reply
Submitted by Karla Baldwin on Tue, 09/08/2020 - 12:37
Thank you. We are glad you found this helpful.
Difference between a summons and subpoena
Submitted by Anonymous (not verified) on Mon, 01/27/2020 - 17:13
Thank you that was clear. A subpoena is apparently what we in the British Commonwealth would call a witness summons. But I still don't understand the relaxed attitude to subpoena's being ignored in the US impeachment inquiry.
Reply
Submitted by Jack Etchingham on Wed, 01/29/2020 - 12:46
Thank you for your comment! And you are correct. The impeachment inquiry is unique.It involves questions about subpoenas that may not have a clear answer.
We are glad you found this page helpful!
Difference between a summons and subpoena
Submitted by Anonymous (not verified) on Wed, 08/28/2019 - 14:55
Was very helpful
clear and thorough
Submitted by Anonymous (not verified) on Tue, 04/16/2019 - 08:25
This was right to the point. Very clear and thorough. thanks
FAQs
What is the difference between summons? ›
...
Comparison Chart.
| Basis for Comparison | Summon | Warrant |
|---|---|---|
| Addressed to | Defendant or witness | Police officer |
A witness is a person who saw a crime or was a victim of a crime. A witness can be subpoenaed (ordered to attend court) as set out in the Criminal Code of Canada or by a criminal proceeding in the NWT. Witnesses are called to court to answer questions about a case.
Can I refuse a witness summons? ›If you've witnessed a crime, you might get a witness summons telling you to go to court. This means you'll have to be at the court on the day of the trial and give evidence if you're asked to. You should go to court if you get a summons - you can be arrested and taken to the court by the police if you don't.
What is the difference between summon and subpoena? ›If you are called as a witness you will receive a letter called a summons or a subpoena, depending on which type of court your case is going to heard in. A summons is for a case in the Magistrates' Court, while a subpoena is sent to witnesses for cases in the County or Supreme Courts.
How do you answer a summons without a lawyer? ›You can either answer the summons in writing or in person. If you answer in person, you must go to the courthouse clerk's office and tell the clerk about your defenses to the plaintiff's claims. The clerk will check off the boxes in a Consumer Credit Transaction Answer In Person form.
What happens at a summons hearing? ›At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .
What happens if you ignore a court summons? ›If you don't turn up in court on the adjourned date, and the judge is satisfied you were given reasonable notice of the adjourned hearing, the court can: Issue a warrant for your arrest to bring you to court, or. Go ahead with the hearing in your absence.
Can you reject a court summons? ›You can refuse to receive summon, the process server will report that you have refused. The high court judge will treat the same as service and heard the matter in your absence i.e you shall be heard ex-partee.
Can you reject a subpoena? ›Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
What are reasons to get out of a subpoena? ›- Self-incrimination.
- Privilege (ex: Violating a doctor-patient privilege by releasing their medical records)
- Family or medical emergency.
- Didn't receive a subpoena.
What should a witness never do with their testimony? ›
After a witness has testified in court, he/she should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.
What is a summons used for? ›A summons is a court issued document which starts the litigation process. The summons states the names of the complainant, known as the plaintiff, and the defendant(s) against whom the case is made. The summons also includes the name of the court from which the summons is served and the case number.
Can I ignore the subpoena or summons? ›You cannot ignore a Subpoena. A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena.
What happens after summons is served? ›Summons issued by the court personally to the Defendant or his agent. After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report.
How do you respond to a summon? ›Here are three steps to responding to a Summons and Complaint: Answer each claim listed in the complaint. Assert your affirmative defenses. File the Answer with the court and serve the plaintiff.
How do you respond to a summons letter? ›Replying to a summons in writing requires you to sign and date your reply. You should keep a copy for yourself before mailing the original to the plaintiff (or the plaintiff's attorney) stated in the summons. You must also file your answer with the court.
What happens if a defendant does not respond to a summons? ›The defaulting defendant merely loses his standing in court, he not being entitled to the service of notices in the cause, nor to appear in the suit in any way. He cannot adduce evidence; nor can he be heard at the final hearing.
Why are summons issued? ›A summon is usually served when legal action is taken against an individual, or a person is required to appear before a court as a witness in a proceeding. This document ensures that the person is called upon and his presence on the given date of the hearing.
What are the different types of summons? ›There are essentially different types of summons grouped into three categories: Civil summons. Criminal summons. Administrative summons.
How far in advance must a subpoena be served? ›If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.
Does a summons expire? ›
(1) No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.
How do I know if a subpoena is valid? ›A valid subpoena has: (1) the name of the court who issued it; (2) the caption/title of the proceeding cause of action, case number ; (3) the information required for your response , and (4) be delivered in return-receipt certified or registered mail.
How long do you have to wait for a court summons? ›How long have the Police got to issue the Summons? In the vast majority of cases, the Police must "lay information" within 6 months of the offence occurring. This means that the Police must ask the Court to issue a Summons within that period of time.
What is a good reason to not appear in court? ›A valid emergency can serve as an excuse for missing a court date. Some examples of legitimate emergencies include: An emergency room visit for a sudden, debilitating medical condition. A sick child.
How many summons can a court give? ›Only one summon issued is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it's report is in file before the date of hearing .
What does awaiting summons mean? ›Awaiting Summons means Court is waiting for the Summons Report to be sent to it either by the Court Officer or the Applicant/Petitioner who got the Summons issued by the Court against Accused/Defendant in a particular case.
What are the different types of summons? ›There are essentially different types of summons grouped into three categories: Civil summons. Criminal summons. Administrative summons.
What happens at a summons hearing? ›At this hearing the judge listens to testimony from witnesses and determines whether the evidence presented is sufficient to send the case to the Superior Court. Again, it is necessary for all summoned (subpoenaed) witnesses to appear at the Probable Cause Hearing .
What happens after summons is served? ›Summons issued by the court personally to the Defendant or his agent. After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report.
Does a summons have to be served in person? ›When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
What happens when you get summoned? ›
A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead. In other cases, the court will ask that you file an appearance or an answer. Your Summons should say so.
What is a summons in legal terms? ›A summons is a form prepared by the plaintiff and issued by a court that informs the defendant that they are being sued or are required to appear in court. It may be served by a sheriff or other authorized person, such as the process server.
What is a simple summons? ›A simple summons is a document which contains the basis (the particulars of the claim) for the plaintiff's action in the body of the summons. The simple summons is the High Court equivalent of the ordinary summons in the Magistrate's Court.
What are reasons to get out of a subpoena? ›- Self-incrimination.
- Privilege (ex: Violating a doctor-patient privilege by releasing their medical records)
- Family or medical emergency.
- Didn't receive a subpoena.
A summon is usually served when legal action is taken against an individual, or a person is required to appear before a court as a witness in a proceeding. This document ensures that the person is called upon and his presence on the given date of the hearing.
What happens if you refuse a court summons? ›If person refuses summons, it will be presumed served: Punjab & Haryana high court. CHANDIGARH: The Punjab and Haryana high court (HC) has clarified that if a person refuses to receive summons in a case, it would be presumed that the summons have been validly served to them.
How do you deal with summons? ›Before you could pursue your remedies, you need to appear before the court to represent your case. once you enter your appearance you need to engage advocate to represent you. The you can negotiate for settlement out of court. Otherwise the court may issue arrest warrants against you.
What happens if a defendant does not respond to a summons? ›The defaulting defendant merely loses his standing in court, he not being entitled to the service of notices in the cause, nor to appear in the suit in any way. He cannot adduce evidence; nor can he be heard at the final hearing.
What is the procedure of summons? ›summoned is in the active service of the Government, the Court or Magistrate issuing the summons should, in accordance with the provisions of section 72 of the Code of Criminal Procedure, ordinarily send it in duplicate, to the head of the office in which the person summoned is employed, who will cause the summons to ...
Does a summons expire? ›(1) No original summons shall be in force for more than twelve months from the day of the date thereof, including the day of such date; but if any defendant therein named shall not have been served therewith, the plaintiff may apply before the expiration of twelve months to the Master for leave to renew the summons.
How much notice do you get for a court summons? ›
You will receive a 14 day notice in the post, during this time we can also legally request financial information from you, including employment details. Where this information is not provided by you or false information is provided, further action may be taken in the magistrates' court for this information.
How far in advance must a subpoena be served? ›If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.