Christopher Zoukis, JD | August 28, 2026 | Legal Rights
If you have been involved in a federal criminal case in any way, there is a good chance you have heard the word “subpoena” at one point or another. You may have even received one yourself. However, many people are unclear on what a subpoena actually requires of them and what the consequences are for not taking it seriously.
A subpoena is a formal legal order that compels a person to do something in connection with a court case. In the federal criminal system, subpoenas are governed by Rule 17 of the Federal Rules of Criminal Procedure. Ignoring one can lead to serious legal trouble, so read on to learn more so that you can protect yourself and your rights.
How Federal Subpoenas Work
Federal subpoenas are issued by the clerk of the court. The clerk provides a blank subpoena that is already signed and sealed, and the party who requested it fills in the details before having it served. A U.S. Marshal, a deputy marshal, or any non-party who is at least 18 years old can handle service. When the subpoena is delivered, the server must also provide one day’s witness attendance fee along with a mileage allowance.
Both the prosecution and the defense have the ability to use subpoenas. For defendants who cannot afford the cost of calling witnesses, Rule 17(b) allows them to apply to the court for subpoenas to be issued at government expense. The defendant must show that they are unable to pay and that the witness is necessary for an adequate defense. This protection exists to make sure that a lack of money does not prevent someone from mounting a real case in their own defense.
The Two Types of Federal Subpoenas
Federal subpoenas fall into two categories, each one serving a different purpose:
- A subpoena ad testificandum orders a person to appear and give testimony. This is the most common type. It requires the recipient to show up at a specific time and place and answer questions under oath.
- A subpoena duces tecum orders a person or organization to produce documents and other physical evidence. Under Rule 17(c), the court can direct the recipient to bring the requested materials before trial or before they are offered as evidence. Once the materials arrive, both sides may be allowed to inspect them.
The court also has the power to quash or modify a subpoena if the recipient files a timely motion showing that compliance would be overly burdensome. This is an important safeguard, but it requires prompt action on your part. Waiting too long to challenge a subpoena can result in losing the right to object.
What Happens If I Do Not Comply With a Subpoena?
Failing to obey a federal subpoena is not something the court takes lightly. Per Rule 17(g), a person who refuses to comply without an adequate excuse can be held in contempt of court, which could lead to jail time. This applies whether you were asked to testify or to produce documents.
However, remember that a subpoena by itself does not mean you are in trouble. Being served with one simply means you have information that the federal judge needs. How you respond, however, matters a great deal.
Contact a Federal Criminal Defense Lawyer at Elizabeth Franklin-Best P.C. If You Have Been Subpoenaed
Receiving a federal subpoena can be intimidating if you are not sure what it means for you or whether your own rights are at stake. Speaking with a criminal defense attorney at Elizabeth Franklin-Best P.C. before you respond is the safest way to make sure you handle it correctly.
An attorney can review the subpoena and determine whether you have grounds to challenge it from there. Schedule an initial consultation with a lawyer today to learn more about what you should do next.
Contact a Federal Criminal Defense Expert at Elizabeth Franklin-Best P.C. for Help Today
Don’t let a federal investigation or criminal charge jeopardize your freedom, career, or future. Elizabeth Franklin-Best P.C. provides experienced federal criminal defense representation to clients across the United States, handling complex cases with precision and strategic insight.
Call (843) 620-1100 or contact us today to speak with a federal criminal defense attorney and take decisive action to protect your rights.
