Answers / Going to court
GOING TO COURT

What is a subpoena and do I have to comply?

SHORT ANSWER

A subpoena is a legal command to testify or produce documents — backed by contempt-of-court power. You generally must comply, but you can object or move to quash improper, overbroad, or privileged demands.

A subpoena is not a request — it’s compulsory process, and ignoring one risks contempt of court. Two types: testimony (appear and testify) and documents (subpoena duces tecum — produce records). But "must comply" has structure: you can object to demands that are overbroad, unduly burdensome, seek privileged material (attorney-client communications, certain records), or were improperly served — typically via written objections or a motion to quash filed before the compliance date. What you cannot do is nothing. If you’re subpoenaed in someone else’s dispute, you may be entitled to costs of production. Deadlines govern everything here; read the compliance date first and respond, comply, or challenge before it.

What to do, in order

  1. Identify the type: testimony, documents, or both.
  2. Note the compliance date — all responses must precede it.
  3. Assess objections: overbreadth, burden, privilege, improper service.
  4. Object in writing or move to quash if grounds exist.
  5. Never simply ignore it — contempt is the penalty.

Common questions

Can I refuse a subpoena?

Not unilaterally — but you can formally object or move to quash on grounds like privilege, overbreadth, or burden. A court decides; ignoring it invites contempt.

Who pays for the documents I have to produce?

Non-parties can often recover reasonable production costs, and can object when compliance is unduly burdensome — raise it early.

Stop guessing what your document says.

Upload the actual document and Main AI reads every clause, flags the risks, extracts the deadlines, and cites the law — free to start, no signup to see your first analysis.

Run the Document Analyzer — free →
Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.