Summons vs Subpoena

[kalmd]

Anyone know the difference between a summons and a subpoena? Does one of them mean you aren't required to show up in court?

 

[aps45819]

You don't have to go for either.
Just wait for the sherriff to give you a ride

 

[dems4me]

Anyone know the difference between a summons and a subpoena? Does one of them mean you aren't required to show up in court?

Just off the cuff, I think a summons is a request or a want for your appearance sort of thing. A subpoena carries more weight where you are needed sort of thing. :shrug:

 

[spike2763]

Anyone know the difference between a summons and a subpoena? Does one of them mean you aren't required to show up in court?

I think a summons is a notification of a lawsuit, and you should get a lawyer, a supoena is a MUST show up to court, and you better have a lawyer.

 

[kalmd]

Just off the cuff, I think a summons is a request or a want for your appearance sort of thing. A subpoena carries more weight where you are needed sort of thing. :shrug:

That's kinda what I thought. Someone I know got a summons and they do not want to go, but they don't want to get in trouble for not going either.

 

[BernieP]

definitions.

Summons - a call or citation by authority to appear before a court or a judicial officer.

Subpoena - the usual writ for the summoning of witnesses or the submission of evidence, as records or documents, before a court or other deliberative body.

By the definition a summons would only apply to a person, while a subpoena would apply to other evidence as well as people (looks like subpoenas are used for the gathering of evidence) while a summons would be for you to personally appear before a judge.

 

[BigRed]

If it's a criminal summons, then they have to go...

 

[kalmd]

The person who got the summons doesn't have a lawsuit against them. The person is actually wanted on behalf of the prosecution, not the defendant. They didn't do anything wrong.

 

[kalmd]

If it's a criminal summons, then they have to go...

It is criminal.

 

[spike2763]

The person who got the subpoena doesn't have a lawsuit against them. The person is actually wanted on behalf of the prosecution, not the defendant. They didn't do anything wrong.

supoena means they have to show up, whether for the prosecution or defense

 

[kalmd]

supoena means they have to show up, whether for the prosecution or defense

Sorry, I meant summons. They got a summons, not a subpoena.

 

[spike2763]

Sorry, I meant summons. They got a summons, not a subpoena.

Not sure, but I think that with a criminal summons if you don't show, a warrant goes out. Your friend really does probably need to see a lawyer.

 

[kris31280]

The summons means he/she/it is part of the lawsuit... it is in their best interest to comply with the summons or to contact an attorney.