What Is a Subpoena?

When you are involved in a legal matter, whether it is a family law case, a criminal charge, or another court proceeding, you may encounter a document called a subpoena. If you have received a subpoena, you should not ignore it. Instead, speak with our family law attorneys so we can walk you through your obligations and protect your interests.

Understanding What a Subpoena Does

A subpoena is a legally enforceable order that requires a person to take a specific action related to a court proceeding. Most subpoenas demand either:

• Appearance at a specific location, such as a courtroom, deposition, or attorney’s office;
• Production of documents, electronic records, or physical evidence; or
• Both, if the subpoena requires attendance and documents.

A subpoena can come from a judge, a clerk, or an attorney involved in a case. Receiving one does not mean you did anything wrong. Instead, it means someone believes you have information relevant to a legal dispute.

There are generally two main types of subpoenas: a subpoena ad testificandum, which requires testimony, and a subpoena duces tecum, which requires the production of documents or records. Our team helps clients understand which type they have received and how to respond without exposing themselves to unnecessary risk or violating privacy laws.

Why Subpoenas Are Used

Subpoenas serve an important purpose in the justice system by ensuring that courts and fact-finders have access to complete and accurate information. Lawyers use subpoenas to gather evidence, verify statements, and question witnesses. For example, in family law cases, they might request financial records, medical records, school records, employment information, or communications between parties. In civil cases, subpoenas are governed by the Texas Rules of Civil Procedure.

In some situations, both sides issue subpoenas as part of the discovery process. Discovery is the stage of a case in which each side collects information to prepare its arguments. Subpoenas allow attorneys to request information from people or entities who are not directly involved in the dispute but may possess key records.

What You Should Do if You Receive a Subpoena

The most important thing is not to ignore it. A subpoena carries legal authority, and failing to comply can lead to court penalties, fines, or other consequences. After receiving one, take the following steps:

Read the Entire Document Carefully

A subpoena includes instructions on where to go, when to appear, which documents to bring, and who issued it. Missing details can lead to mistakes, which may create problems later.

Contact Our Office Immediately

Our attorneys at Sanchez & Farrar PLLC can review the subpoena, explain its requirements, determine whether the request is lawful, and advise you on how to respond. Some subpoenas overreach by asking for confidential, privileged, or irrelevant information, and we can help you object to improper requests.

Do Not Destroy Documents

Once you know records are being requested, you must preserve them. Destroying or altering evidence can have severe legal consequences.

Consider Whether You Have Grounds to Challenge the Subpoena

Not every subpoena is enforceable. Grounds to challenge one may include:

• Requests for privileged information
• Undue burden, such as an excessive volume of documents
• Lack of proper service
• Insufficient notice or unreasonable deadlines

We can evaluate whether the subpoena is valid and take action if it is not.

Consequences of Ignoring a Subpoena

Ignoring a subpoena can lead a court to issue a “motion to compel,” which requires compliance. Continued refusal can result in fines or being held in contempt of court. These outcomes can affect your credibility in any related legal matter. Our attorneys help clients comply in a way that protects them while also satisfying court expectations.

How Our Family Law and Defense Attorneys Assist Clients With Subpoenas

Whether you received a subpoena in a family law case, a civil dispute, or a situation involving a third-party request, our team provides guidance from start to finish. We support clients by reviewing requests, ensuring that sensitive information is handled appropriately, preparing responses, and attending required proceedings with them. You deserve to feel confident and informed every step of the way.

If you have received a subpoena or believe you may need to issue one in your case, we are here to help protect your interests. Contact our attorneys at  Sanchez & Farrar PLLC to schedule your free consultation.

We serve Austin, New Braunfels, and throughout Texas.

Sanchez & Farrar PLLC – Austin Office
314 E Highland Mall Blvd
Austin, TX 78752
(512) 535-0807

Sanchez & Farrar PLLC – New Braunfels Office

578 S Castell Ave
New Braunfels, TX 78130