Also, fill in the place, time and date of the deposition. If you want documents, you must list what kind of documents you want in the Subpoena. Once you fill out the form, you or any other adult may give the Subpoena to the witness.
You should not ignore either a Subpoena or a Summons. You should talk to a lawyer if you get either one. A Summons is an invitation to come to court. In some cases, the court will schedule a call or a video call for the first appearance instead.
In other cases, the court will ask that you file an appearance or an answer. Your Summons should say so. It is not an order, so you do not have to do what it says.
But, if you ignore a Summons , you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you. The court could decide that you have to pay money or that you must stop doing something. There is one kind of Summons that you cannot ignore. You cannot ignore a Citation to Discover Assets. If you lose a case and owe someone money, but do not pay it, you could get a Citation to Discover Assets.
If you get a Citation to Discover Assets , you should talk to a lawyer right away. You should not ignore the Citation or fail to appear on the court date. If you do, you could face penalties. You cannot ignore a Subpoena. A Subpoena is a court order to come to court.
If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena. Subpoenas are used in both criminal and civil cases. They can be given to anyone that might have helpful information about the case. This can be testimony or documents and evidence.
If you get a Subpoena and do not want to testify or turn over documents, do not just ignore it. Ask a lawyer to help you figure out what to do. If the other party serves you improperly, go to court on the date stated in the Summons and tell the judge.
The judge should not let the case against you go on if service was improper. The judge will probably not throw out the case against you. Instead, the judge will probably let the plaintiff try to serve you again. If the plaintiff properly serves you on the second try, the lawsuit may not be over. However, if you file an Appearance before telling the judge about the improper service, you give up the right to say that you did not receive proper service.
If you receive a Subpoena , do not ignore it. It does not matter if the service was proper or not. If you know about the Subpoena , then you should follow the orders in it. If you think service was incorrect, you should talk to a lawyer right away about your options and rights. E-filing is required in Illinois both for attorneys and people who are representing themselves in court. Search form Search.
Look up any legal term in our handy legal dictionary. What is a summons? When are these documents used? What do an appearance notice and a summons tell you? What is the date on your appearance notice or summons? What should you do if you get an appearance notice or a summons? Get legal advice — speak to a lawyer right away, before you do anything else. Was this helpful? Yes No. Need Legal Help? Legal Help. If the person does not go to court when the document says they should, a warrant may be issued for their arrest, and they could be charged with an offence failing to appear in court.
For example, say a security guard in a store believes a person shoplifted something. The security guard calls the police. The police might give the person an appearance notice requiring them to appear in court to answer to a charge of theft. But there is not yet a criminal charge. A prosecutor also called Crown counsel has to first approve the charge. The person will learn when they get to court whether the charge was in fact approved, or laid.
A witness sees them and reports the accident to the police. The police investigate and recommend Crown counsel charge the driver with an offence. A summons is typically given to someone personally served on them. Whether you received an appearance notice or a summons, the document will tell you three important things:.
The document will tell you the date of your first appearance in court. You must go to court at that time and date. The first appearance is not a trial. The prosecutor will give information called the particulars or disclosure about the charge. They may also give you their initial sentencing position , which is the sentence or penalty they think the judge should give you.
At the first appearance, you can tell the court what you plan to do about the charge. Usually, the court will set another date a couple of weeks later, so you have time to review the information and consider your options.
The document will tell you the offence you have to answer to. There are two types of offences. Summary conviction offences are considered less serious, such as shoplifting or causing a disturbance. Indictable offences are more serious.
In civil lawsuits, a summons is issued to the defendant in the lawsuit, requiring his or her presence to defend a case. For example, if someone sues you in small claims court , the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time.
Other types of summons might be for jury duty or to your business as the defendant in a class action lawsuit. Sometimes a summons might be called a "summons and complaint. For more serious matters, like divorces and lawsuits, the summons may be delivered by the local sheriff or another individual appointed by the court. A summons for jury duty is usually sent in the mail. When you receive a summons, pay attention to the date by which you must reply.
If the summons is for something more serious than jury duty, consider getting an attorney to help you work through the process.
A summons is an official court document. It includes:. The party receiving the summons must sign to show that the summons has been received. For this reason, almost every summons is delivered in person, by an officer of the court which is hearing the case. In general, a subpoena is a demand by the court to provide evidence for a court case. A subpoena is similar to a summons, but it comes after the court case has begun. To receive a subpoena you may or may not be directly involved in the case as a plaintiff the person making the claim , or the defendant the person defending against the claim.
The most common example of when you might receive a subpoena is if you are a witness in a court case. In today's legal system, it's very common for plaintiffs and defendants to be required to give evidence under a subpoena.
A subpoena can be for documents needed as evidence or it may be for appearance to give evidence in a deposition or in court.
The subpoena will include:. A summons or subpoena is an official court document. In fact, the term "subpoena" comes from the Latin for "under penalty.
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