# What is a subpoena?

> A subpoena is a court order to appear and testify or to hand over documents. How subpoenas are used for witnesses and records in car accident cases.

Canonical page: https://accidentclaimfacts.com/glossary/subpoena/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A subpoena is a written order, issued under a court's authority, that requires a person to appear and testify at a set time and place, or to hand over documents or other things. One that requires testimony is formally called a subpoena *ad testificandum*; one that requires records is a subpoena *duces tecum*.

## In a car accident claim

Subpoenas come into play once a lawsuit is filed. The parties themselves, the injured person and the driver being sued, are usually asked to attend a deposition by a written notice from the other side's lawyer. People who are not parties, such as a bystander who saw the crash, a treating doctor or a tow-truck company, are usually brought in by subpoena.

Subpoenas are also used to get records: phone records, repair shop files, employer payroll records or video from a business near the crash. Under the federal rules, a court may hold in contempt a person who is served and fails without an adequate excuse to obey. State courts have similar rules. The guides to [depositions](https://accidentclaimfacts.com/claim-process/deposition/) and [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/) explain where subpoenas fit in the case, and [medical records](https://accidentclaimfacts.com/claim-process/medical-records/) covers how health records are usually requested.

## Example

> **Example:** A pedestrian saw the crash from a bus stop and told police the at-fault driver ran the light. Months later, the injured driver's lawyer serves the witness with a subpoena to attend a deposition, so the account is recorded under oath for use at trial.

## Related terms

- [Deposition](https://accidentclaimfacts.com/glossary/deposition/)
- [Discovery](https://accidentclaimfacts.com/glossary/discovery/)
- [Interrogatories](https://accidentclaimfacts.com/glossary/interrogatories/)

## FAQ

### What happens if you ignore a subpoena?

A court can hold a person in contempt for failing to obey a subpoena without a good excuse. Anyone who receives one and has a problem with the date or the request usually contacts the lawyer who sent it, or asks the court for relief.

### Can a subpoena force you to hand over medical records?

A subpoena can require documents, but privileged information is protected, and health records have extra privacy rules. The rules depend on the court and the state.

## Sources

- [Cornell Law School, Legal Information Institute, Subpoena](https://www.law.cornell.edu/wex/subpoena) — meaning, types and contempt
- [Cornell LII, Federal Rules of Civil Procedure, Rule 45](https://www.law.cornell.edu/rules/frcp/rule_45) — what a subpoena commands and contempt for disobeying it
- [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — a command to a witness to appear and give testimony