What is the Difference Between Summons and Subpoena?

The main difference between a summons and a subpoena lies in their purpose and who receives them:

• Summons: A summons is an official notice of a lawsuit, given to the person being sued (the defendant). It marks the beginning of a legal case and includes information such as the name of the court, the person filing the suit, the defendant, what the case is about, and directions on how to respond to the summons. A summons notifies the defendant of an upcoming lawsuit, allowing them to appear in court and defend themselves.
• Subpoena: A subpoena comes after a case has begun and requires the person who receives it to provide evidence that is considered important to the outcome of the case. Subpoenas can be issued to obtain documents, physical evidence, testimony, or eyewitness accounts. Unlike a summons, a subpoena can be given to anyone who has the information or evidence being requested, even if they are not directly involved in the case. For example, a subpoena might be issued to a witness, a defendant, or an expert who can provide critical documentation.

In summary, a summons is served to inform a person that they are being sued, while a subpoena is served to obtain evidence or information relevant to a case that has already begun.

Comparative Table: Summons vs Subpoena

Here is a table comparing the differences between a summons and a subpoena:

A summons is a formal notice of the filing of a lawsuit, served to the person being sued along with a copy of the complaint. Its purpose is to establish that the defendant is aware of the lawsuit's filing. On the other hand, a subpoena is a legal document that orders a person to provide some type of information or evidence for a case. It can be issued to obtain documents, physical evidence, testimony, or eyewitness accounts.