How is a Summons Different to a Subpoena?

In the legal system, there are two common methods of compelling a person to appear in court or to provide evidence. These are a summons and a subpoena. As a process server, it’s our job to serve these documents to the right people.

In Australia, the terms are often used interchangeably, but they are not the same thing. Here’s what you need to know about the differences between a summons and a subpoena . . .

What is a Summons?

A summons is a legal document that requires a person to appear in court on a particular date and time. It is typically used in criminal cases, and is issued by a court or a police officer. The purpose of a summons is to compel the person to attend court to answer charges or provide evidence.

When a summons is issued, it must be served on the person to whom it is addressed. This can be done by the police, a court officer, or a process server. The person who receives the summons is legally required to attend court on the specified date and time, and failure to do so can result in serious consequences, such as a warrant being issued for their arrest.

What is a Subpoena?

A subpoena is a legal document that requires a person to provide evidence or attend court to give testimony. It is typically used in civil cases, and is issued by a court, a lawyer, or a party to the legal proceedings. The purpose of a subpoena is to compel the person to provide evidence that is relevant to the case.

When a subpoena is issued, it must be served on the person to whom it is addressed. This can be done by the person who issued the subpoena, a process server, or a court officer. The person who receives the subpoena is legally required to provide the evidence or attend court to give testimony, and failure to do so can result in serious consequences, such as being held in contempt of court.

Differences between a Summons and a Subpoena in Australian Law & Process Serving

Although a summons and a subpoena share some similarities, there are also significant differences between them in Australia. These include:

1. Purpose

The primary purpose of a summons is to require a person to appear in court to answer charges, while the primary purpose of a subpoena is to require a person to provide evidence or attend court to give testimony.

2.Issuer

A summons is usually issued by a court or a police officer, while a subpoena can be issued by a court, a lawyer, or a party to the legal proceedings.

3.Type of Proceedings

A summons is typically used in criminal proceedings, while a subpoena is typically used in civil proceedings.

4. Timeframe

A summons is usually served on the person relatively soon after the charges have been laid, while a subpoena can be served on a person at any time during the legal proceedings.

5. Penalty

Failure to comply with a summons can result in serious consequences, such as a warrant being issued for the person’s arrest. Failure to comply with a subpoena can result in the person being held in contempt of court.

6. Evidence Required

A summons does not require the person to provide any evidence, while a subpoena requires the person to provide evidence or attend court to give testimony.

A summons and a subpoena are two different legal instruments used in the legal system to compel a person to appear in court or to provide evidence. While they share some similarities, such as the requirement to be served on the person to whom they are addressed, they also have significant differences in their purpose, issuer, type of proceedings, timeframe, penalty, and evidence required.

It is important to understand these differences in order to properly respond to a summons or a subpoena in Australia.