Difference Between Summons and Subpoena

Summons and Subpoena are two legal terms that are used in a court of law when a person is facing a criminal or civil case. Both these terms are used to notify an individual that …

Summons and Subpoena are two legal terms that are used in a court of law when a person is facing a criminal or civil case. Both these terms are used to notify an individual that he/she is required to appear in a court of law at a certain date and time. Although the two terms are related to the same purpose, there are some major differences between them.

A Summons is a court order that requires an individual to appear in court and answer to the case presented against them. It is issued by the court and is served to the defendant by the sheriff or a court officer. A Summons includes the title of the case, the court where the case is being heard, the name of the parties involved in the case, and the time and place of the hearing.

A Subpoena, on the other hand, is an order issued by a court of law that requires an individual to appear in court and testify or provide evidence. Unlike a Summons, a Subpoena does not require a person to answer to the charges presented against them. It can also be used to require the appearance of a witness or to compel the production of documents or other physical evidence.

Another major difference between a Summons and a Subpoena is that a Summons is usually issued when a criminal case is filed against an individual, while a Subpoena can also be issued in a civil case. In addition, a Summons does not require a person to provide any evidence or testimony, whereas a Subpoena does.

Finally, a Summons is typically served to the defendant by an officer of the court, while a Subpoena can be served to a witness or a party involved in the case by an officer of the court, a process server, or even by registered mail.

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In conclusion, while both Summons and Subpoena are used to notify an individual to appear in court, there are some major differences between the two. A Summons is used when a criminal case is filed against an individual, while a Subpoena is used to either compel the appearance of a witness or to compel the production of documents or other physical evidence. Furthermore, a Summons is usually served to the defendant by an officer of the court, while a Subpoena can be served to a witness or a party involved in the case by an officer of the court, a process server, or even by registered mail.

Summary of Summons and Subpoena

A summons and a subpoena are two different legal documents that are used in a court of law. A summons is a document that notifies a person of a pending legal action and requires them to appear in court and answer the complaint. A subpoena is a document that requires a person to appear in court and provide testimony or other evidence.

Differences in the Use of Summons and Subpoena

The primary difference between a summons and a subpoena is in the purpose of the document. A summons is a document that notifies a person of a pending legal action and requires them to appear in court and answer the complaint. A subpoena, on the other hand, is a document that requires a person to appear in court and provide testimony or other evidence. It is usually issued by the court to compel a witness to appear in court and testify or provide documents or other evidence.

Another difference between a summons and a subpoena is that a summons can be issued by a private individual or an attorney, while a subpoena must be issued by a court. In addition, a summons does not require the recipient to produce any evidence or documents, while a subpoena does.

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Differences in the Effects of Summons and Subpoena

The effects of a summons and a subpoena also differ. A summons requires the recipient to appear in court and answer the complaint. If the recipient fails to appear in court, they may be subject to a warrant for their arrest. A subpoena requires the recipient to appear in court and provide testimony or evidence. If the recipient fails to appear in court, they may be subject to a fine or other penalties.

In addition, a summons is typically used to initiate a legal action, while a subpoena is used to compel a witness to appear and provide testimony or evidence. Furthermore, a summons is usually issued after the filing of a complaint, while a subpoena can be issued before or after the filing of a complaint. Finally, a summons is usually served in person, while a subpoena can be served in person or by mail.

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