Subpoena vs. Summons in California

Subpoena vs. Summons in California: What’s the Difference?

If you’re new to legal proceedings in California, the terms subpoena and summons might sound interchangeable—but they serve very different purposes. At CaliDocs, we often help clients understand what documents they’ve received or need to serve. Here’s a simple breakdown to help you tell the difference.

What Is a Summons? A summons is a court-issued notice that informs someone they are being sued and must respond to a lawsuit. It usually comes with a copy of the complaint and requires the recipient to file a formal response with the court within a specific time frame (typically 30 days in civil cases).

Key Characteristics of a Summons:

• Notifies someone they are a party in a lawsuit

• Requires them to respond or appear in court

• Usually served at the beginning of a legal case

What Is a Subpoena? A subpoena is a legal order that requires a person to:

• Appear in court or at a deposition (Subpoena Ad Testificandum), or

• Provide documents, records, or other evidence (Subpoena Duces Tecum)

Subpoenas are often used in the discovery phase of a case, or to compel witness testimony.

Key Characteristics of a Subpoena:

• Used to gather evidence or compel testimony

• Can be served on parties or non-parties to the case

• May include a list of documents to produce

Who Can Serve These Documents? Both subpoenas and summons must be served by someone who is not a party to the case and is at least 18 years old. In California, using a registered process server—like the professionals at CaliDocs—ensures compliance with court rules.

What Happens If You Ignore One?

• Ignoring a summons can result in a default judgment against you.

• Ignoring a subpoena can result in contempt of court charges, fines, or other penalties.

Need Help Serving or Understanding Legal Documents? CaliDocs provides expert process serving and document preparation services throughout California. Whether you need to serve a summons, subpoena records, or prepare legal forms, we’re here to help.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.