A subpoena and summons are similar in that they both provide notice of a court proceeding. The differences between a subpoena and a subpoena include:
- to whom they are given
- when they are given
- what they are used for
what is a subpoena?
A summons is an official notice of a lawsuit. delivered to the defendant. if you sue someone, they need to know. this way, they can go to court and fight the lawsuit. When you serve the defendant with a summons, you officially tell them that you are suing them. You must follow the rules for giving the summons to the defendants in order to present your case properly. For helpful videos on filing court papers, check out the Law Basics video series.
what is a subpoena?
A subpoena is a court order. You can use a subpoena to demand that a person go to court, go to an affidavit, or give you documents or evidence. You must serve the person with the summons.
how do I submit a subpoena?
If you sue someone, you must serve them with a summons. this gives them notice of the demand. “service of process” is the formal name for giving a defendant a summons to appear in court. each defendant must receive individual notice. you cannot serve the defendant yourself. You must serve a subpoena in one of three ways:
- service by bailiff
- service by special process server
- service by certified mail (sometimes)
bailiff service
Sheriff’s service is the easiest way to serve your citation. you will have to pay a fee to the bailiff unless you have a court order waiving the fee. To see if you qualify, read the free court paper filing or watch our free court paper filing video.
If you want the bailiff to serve your citation, take it to the bailiff. You will need one original and two copies, with the complaint attached to each. the bailiff will deliver the summons to the defendant in hand. they can also give it to someone who lives with the defendant who is at least 13 years old. the bailiff then completes an affidavit on the back of the copy of the citation. then, they file it with the court clerk. the court must have a record that the bailiff served the summons.
service by a special process server
A special process server is someone other than the bailiff who can serve legal papers. A motion to appoint a special process server is a written request to use one. Learn more about requesting a special process server.
certified mail service
some cases allow service by certified mail, such as small claims cases. it is not necessary for another person to serve the defendants. You may deliver the summons and a copy of the complaint by certified mail. must be restricted delivery, return receipt requested. restricted service means that only the person you addressed the summons to can sign it. A return receipt is a green postcard showing that the post office delivered the letter. be sure to keep a record of when you sent the letter and to whom. Also, save the green receipt when you receive it in the mail. will prove to the court that you served the defendant.
how do I submit a subpoena?
Sometimes, a witness will not testify in court voluntarily. you can subpoena the witness, which requires them to appear in court. you can also use a subpoena during discovery. discovery occurs before trial. It allows both parties to find information and evidence to prepare for their case. during discovery, you can summon a person to come to a deposition and answer questions. You can also get proof from a person or company that is not a party to the lawsuit. to subpoena a witness, you can get the form from the clerk’s office. write the name of the case, the name and address of the witness and the courtroom for the case. When you subpoena a witness, you must pay them a witness fee and travel costs. the clerk can help you calculate the amount. fill out the subpoena and make a check or money order payable to the witness. then you or any other adult can serve the witness with the subpoena and payment. You can serve the summons in person or by certified mail. mail must be restricted delivery, return receipt requested. be sure to keep a record of the delivery. You must be able to show that you subpoenaed the witness. You can also ask the sheriff’s office to serve the summons and check on your witness. During discovery, you can also get the summons form from your courtroom clerk’s office. for a deposition, write the name of the case and the name and address of the witness. also, fill in the place, time and date of the deposition. if you want documents, you must indicate what type of documents you want on the summons. Once you fill out the form, you or another adult can serve the witness with the subpoena. You can serve the summons in person or by certified mail. mail must be restricted delivery, return receipt requested. be sure to keep a record of the delivery. You must be able to show that you subpoenaed the witness. You can also ask the sheriff’s office to serve the citation.
can I ignore the summons or subpoena?
You shouldn’t ignore a citation or citation. you should talk to a lawyer if you get either. a summons is an invitation to go to court. In some cases, the court will schedule a phone or video call for the first appearance. in other cases, the court will ask you to file an appearance or an answer. your citation should say so.
It’s not a command, so you don’t have to do what it says. but, if you ignore a citation, you will likely lose the case against you. the court will usually decide the lawsuit in favor of the person who is suing you. the court might decide that you have to pay money or that you have to stop doing something. You will have to obey the court’s final decision even if you did not participate in the lawsuit.
There is a kind of summons that you cannot ignore. you can’t ignore an appointment to discover assets. If you lose a case and owe someone money but don’t pay it, you could get an asset discovery summons. If you receive a summons to discover assets, you should speak to an attorney immediately. You must not ignore the citation or fail to appear on the court date. if you do, you could face penalties. you cannot ignore a citation. A summons is a court order to appear in court. if you ignore the order, the court will hold you in contempt. you could go to jail or face a large fine for ignoring the citation. Summons are used in both criminal and civil cases. they can be given to anyone who may have useful information about the case. this may be testimony or documents and evidence. If you get a subpoena and you don’t want to testify or serve documents, don’t ignore it. ask a lawyer to help you decide what to do.
what happens if the subpoena was not served correctly?
If the other party wrongfully served you, go to court on the date on the summons and tell the judge. the judge should not allow the case against you to proceed if the notice was improper. the judge will probably not dismiss the case against you. instead, the judge will likely allow the plaintiff to try serving again. If the plaintiff gives you proper notice on the second attempt, the lawsuit may not end. however, if he files an appearance before telling the judge about the improper service, he gives up the right to say that he did not receive proper service. if he gets a citation, don’t ignore it. It doesn’t matter if the service was correct or not. if you know about the summons, then you must follow the orders in it. If you think the service was wrong, you should talk to a lawyer right away about your options and rights.
electronic filing in illinois
Electronic filing is mandatory in Illinois for both attorneys and individuals representing themselves in court. this may change the way serving a subpoena or subpoena works. check with your local circuit court clerk or bailiff for more information. The Illinois Supreme Court has information on e-filing in Illinois.