Requesting Subpoenas Without a Lawyer- Are There Risks? How Is It Done?

Subpoenas are in the legal industry as they are crucial to most cases. So, what exactly is a subpoena? It is an order from the court demanding that a particular person or something be provided to help with an ongoing case. 

Usually, lawyers licensed in a particular jurisdiction have the power to issue a subpoena. Other parties have these powers, but it will depend on the rules native to the court with the jurisdiction over the case. 

So, can you issue a subpoena without a lawyer? 

Why Are Subpoenas Issued?

Before we see whether you can issue subpoenas without your lawyer, we first need to know why they are issued in the first place. 

In some cases, a person who is a party to a lawsuit may want someone else present as they may have crucial information that may help with the case. A typical example is a witness subpoenaed in a vehicle crash case. 

In other cases, an individual may want a third-party organization to provide them with documents or physical evidence that may help with the case. That said, these two examples bring us to the different types of subpoenas listed below. 

What Are the Different Types of Subpoenas?

Below are the different types of subpoenas:

1. Subpoena ad Testificandum

This type of subpoena compels a person to appear in a case or a deposition.

1. Subpoena Duces Tecum

This subpoena compels an individual or an organization to provide documents or other physical evidence deemed crucial to the case. 

Who Can Issue a Subpoena?

Usually, a party to an ongoing lawsuit, either the plaintiff or defendant, can issue a subpoena. But, this happens under a strict code of procedure. For instance, they must fill out a subpoena form containing the full details of the person to be subpoenaed or the details of what is needed. 

Also, the subpoenaed party must declare under perjury penalty that the information provided is accurate to the best of their knowledge. The form is notarized, and the judge presiding over the case signs it. 

Other parties with powers to issue a subpoena vary from state to state. In some states, court clerks or public notaries can issue them. 

The Procedures Involved in Filing and Receiving a Subpoena

First off, these procedures tend to vary according to the jurisdiction. The party requesting the subpoena must provide a copy to the court clerk, who may submit it directly to the sheriff. In some cases, some court clerks may leave the party requesting the subpoena with the task of submitting it. 

Also, in some states, the subpoena must include administrative, travel, and appearance expenses for the witness, while in other states, the witness may request these fees. This responsibility may fall to the court clerk or the party requesting the subpoena. 

Can You Request a Subpoena Without a Lawyer?

“The reality is that you can file a subpoena without help from a lawyer. But, you are more prone to making errors, which can complicate the process and create unnecessary delays,” says attorney Ethan Busald of  Busald Funk Zevely.