How Do Subpoenas Work?

How Do Subpoenas Work?
Table of Contents

Share at:

What are Subpoenas?

Subpoenas are legal documents the court issues at the request of a party. There are three types of subpoenas. The first is a subpoena to give evidence. This requires the addressee to attend court to give oral evidence. Alternatively, the court may issue a subpoena for production, requiring you to produce a certain document. Finally, the court may decide to issue a subpoena for production and to give evidence, which requires you do both. 

Parties can request a subpoena if a person refuses to (or is unable to, for whatever reason) give evidence or provide relevant documents to the court.

Subpoenas can only be addressed to one person. It will contain a schedule of requested documents which the issuing party seeks to have produced. As a result, the person served will need to gather these documents and produce them to court by the return date stated on the subpoena.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Subpoenas are enforceable until any of the following events occur: 

  • You have complied with the subpoena.
  • A court or the issuing party release you from the obligation to comply with the subpoena
  • The hearing or trial has concluded.

How do you serve a Subpoena?

When issuing a subpoena, you must serve it on the person or business it concerns. There are multiple ways to serve subpoenas. These include delivering them by hand, or e-mailing to the last known address of the individuals. Alternatively, this can also be done via certified mail to the last known address or even reading it aloud to the individual. If you are served with a Subpoena, you should not ignore it.

What happens if you ignore a Subpoena?

As a subpoena is a part of a court’s legal process, you will be in contempt of court if you fail to comply with it. However, courts can set aside subpoenas where they consider it to amount to an abuse of process. A common instances where this occurs is if the Subpoena is too broad in scope.

Final Thoughts

Subpoenas are formal legal documents and should always be dealt with seriously and promptly. By failing to comply you may be held in contempt of court. This can result in fines, imprisonment, or both. However, receiving a subpoena doesn’t necessarily mean you’ve done something wrong. Rather, it just means that your presence or the information that you can provide is required in a case.

Don't know where to start?

Contact us on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

A Guide to Directors’ Duties in Australia: The 6 Duties You Need to Know (2026 Update)

Understand your core directors’ duties in Australia. These are not optional - they are essential legal obligations. Ensure compliance with our full guide.

Competition Permits in Australia: A State-by-State Breakdown

Do you know when competition permits are required in Australia? Read this article to find out when they’re required in every state.

Can I Sue For Lost Opportunity?

Yes, you can. However, the lost opportunity must arise from a contractual breach, misleading and deceptive conduct or negligence. See more.

Can I Run Different Businesses Under the Same Business Name?

Have you got different business ideas that you want to run under the same business name? Read on to find out if you can, and what you need to keep in mind.

A Guide on Joint Ventures for Australian Businesses

Considering a joint venture? Learn about types, advantages, setup processes, and key considerations for successful business collaborations in Australia.

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.