SUMMONS AND SUBPOENA
There is a technical difference between a summons and a subpoena, but for all practical purposes they are the same thing. Most of what is said here of a summons applies also to a subpoena.
A summons may be used in both criminal and civil cases. If you have received a summons, it is important to read it carefully to see what it requires you to do.
A summons may inform you that you have been charged with a crime and must appear in a particular court at a particular date and time for arraignment. For an explanation of the nature of an arraignment and to learn a few things about it, click here.
It is very important that you appear at the time and place required (unless the court has previously approved a change). If you do not, it is likely a warrant for your arrest will be issued.
Or you may have received a witness summons requiring you to appear in court to testify in a case to which you are not a party. If you are at all apprehensive about giving such testimony, you should get advice from a criminal lawyer. You may have a right not to testify. A witness summons may also require you to bring certain things with you, typically documents or other evidence. Again, you may have a right not to produce these things. The assistance of a criminal lawyer could be very useful.
After a civil lawsuit is filed in the District Court or the Superior Court, a copy of the civil Complaint must be served upon the person being sued, along with a civil summons requiring that person to answer the Complaint. This may be the way you learn that you are being sued. The Answer you must file is an important document. You may later be bound by your Answer. You should consult a lawyer.
You may also receive a summons if a Small Claim has been filed against you in the District Court. It may require you to file an Answer and also to appear in court on a specific date. Although the Small Claims procedures are intended to be simple enough for an ordinary person to present his own case without the aid of lawyer, you may have a lawyer represent you in a Small Claims case. Usually the amount of money at stake is not sufficient to justify the expense of having a lawyer in court with you. Still, it may prove worth your while to get advice from a lawyer about how to present your case.
Copyright 2014
Russell J. Redgate