What is a subpoena, and can you ignore one?

A subpoena compels a person to appear and testify, called a subpoena ad testificandum, or to produce documents and things, called a subpoena duces tecum. They are issued in criminal and civil cases and by grand juries, and in the federal system attorneys can issue them as officers of the court without a judge's individual approval. Legislative committees also have subpoena power. Whatever the source, a valid subpoena carries the authority of the issuing court behind it.

Ignoring one is not an option in the way people sometimes assume. Failure to comply can result in contempt proceedings, monetary sanctions, and in some circumstances arrest to secure attendance. The correct response to an objectionable subpoena is to respond through the process: file a motion to quash or modify it, which courts grant for reasons including that it seeks privileged material, imposes undue burden, allows unreasonable time to comply, or requires travel beyond geographic limits. Privileges that can shield testimony include attorney-client, spousal, clergy, and doctor-patient in many jurisdictions, along with the Fifth Amendment privilege against self-incrimination.

Two practical notes. Receiving a subpoena does not mean you are accused of anything, since most subpoena recipients are witnesses or custodians of records, but it does mean you should speak with a lawyer before responding, particularly if the underlying matter could touch you. And preservation obligations attach: destroying or altering documents after learning they are sought is obstruction, a separate and often more serious offense than whatever was originally under investigation, which is a pattern that recurs in prominent cases with some regularity.