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- A summons is a legal document that notifies a person to appear in court to respond to a civil lawsuit. When a summons is issued to a person, that person is being sued or brought to court because someone else has an issue with him. The person suing the other person is the plaintiff. The person receiving the summons is the defendant. When a person is sued, the law requires that the person is notified.
- A subpoena is a legal document that notifies a person to appear in court as a witness for a case. The subpoena is a notification that the person must testify in a particular court case. A subpoena is used for many types of court cases and often is requested from one or both parties involved in the case. Both documents list the names of the other parties involved, the time and date of the scheduled hearing, the judge's name and the court location.
- When a person receives a summons, the document contains information, supplied by the opposing party, about an incident or problem. The person receiving the summons must respond to it in writing. This process is accomplished by the defendant writing a letter to the court within the allotted time period. The letter contains the defendant's opinions and side of the story. If the judge does not receive a response letter in the appropriate amount of time, he may rule in favor of the plaintiff without ever hearing the defendant's side. When a subpoena is received, the recipient must appear in court on the requested date.
- Two basic types of subpoenas are used. A subpoena ad testificandum requires the person to provide evidence and attend the hearing. A subpoena duces tecem requires the person to appear in court and bring any required documents pertaining to the case. If a person subpoenaed does not appear in court, he may be charged with an offense. There is only one type of summons used. It is always for the same purpose--to notify a defendant he is being sued.
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