General information, not legal advice. Talk to a licensed attorney in your state.

Independent guide · not a government website

Glossary

What is a subpoena?

A court order that requires a person to appear and testify, or to hand over documents. Witnesses who are not parties are usually brought to a deposition with a subpoena.

Last reviewed By the Editorial team 2 min read

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. Sworn testimony given out of court, in front of a court reporter, during discovery. Glossary 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 and filing a lawsuit explain where subpoenas fit in the case, and medical records covers how health records are usually requested.

Example#

Questions people ask

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

  1. Cornell Law School, Legal Information Institute, Subpoena — meaning, types and contempt
  2. Cornell LII, Federal Rules of Civil Procedure, Rule 45 — what a subpoena commands and contempt for disobeying it
  3. United States Courts, Glossary of legal terms — a command to a witness to appear and give testimony

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

Keep reading

  1. GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.Reviewed
  2. The claim processDepositionsA deposition is sworn testimony taken before trial, with a court reporter recording every word. Here is who attends, how long it can last, what is asked and…Reviewed
  3. The claim processFiling a lawsuitWhy some car accident claims become lawsuits, the deadline that controls everything, the stages from complaint to trial, how rarely cases reach a verdict, and…Reviewed
  4. The claim processMedical recordsYour HIPAA right to copies of your medical records and bills, how fast providers must answer and what they may charge, what to request for a claim, and what…Reviewed
  5. GlossaryTortA wrong that causes harm to someone and lets them sue for compensation. A car-crash injury claim is a tort claim.Reviewed
  6. GlossaryInsurance adjusterThe insurance company employee who investigates a claim, decides what the policy covers and negotiates payment.Reviewed

    Try “deadline”, “Texas” or “demand letter”. Press Enter to open a result.