What to Do if You Get a Subpoena
This article helps you understand what to do if you get a subpoena for an Oregon court case.
If you don’t know what a subpoena is, start with our main article on subpoenas, then return to this page for tips on responding.
Quick tips if you get a subpoena
- Do not ignore the subpoena. Whether you think it is valid or not, you must comply or formally object. Ignoring it can have serious consequences.
- Act quickly and note deadlines. You have 14 days to object to a documents-only subpoena, and you need to object quickly to a testimony subpoena so you can get a decision before the date you’re supposed to appear.
- Keep records. Don’t destroy records requested by a subpoena. Make a copy of the subpoena and any documents you send in response.
- Communicate. If you have a scheduling conflict, contact the lawyer who issued the subpoena immediately. Most attorneys will work with you.
- Watch out for scams. If a subpoena looks suspicious, especially if it asks you to pay money or provide personal information over the phone, contact the court directly to verify it.
- Know your rights. You are entitled to witness fees and mileage reimbursement. You also have the right to object if a subpoena is overly broad, asks for confidential records, or invades your privacy.
- Get legal help. If you are uncertain how to respond, contact a lawyer right away for help.
Do I have to obey a subpoena?
If you receive a valid subpoena, you must either comply with its instructions or file a written objection with the court. Do not simply ignore it.
If you ignore a valid subpoena, you could face serious consequences, including:
- Being held in contempt of court.
- Fines or jail time.
- A warrant for your arrest.
If you think a subpoena may not be valid, do not ignore it. Talk to a lawyer or file an objection with the court immediately.
How do I respond to a valid subpoena?
Here is how to respond:
- Read it carefully: Check the date, time, and place where you need to appear, or the deadline for sending documents.
- Keep your documents: Do not delete or destroy anything the subpoena asks for, as this could cause problems later.
- Consider talking to a lawyer: If you receive a subpoena in a civil case and it’s straightforward, you may not need one. But if the subpoena is for a criminal case, you should strongly consider speaking with an attorney, especially if there is any chance you could be asked about activities that might get you in legal trouble.
- Obey the subpoena or object: Show up, send what is requested, or object before the deadline. If you don’t object, plan to appear at the court or law office listed on the subpoena on the date and time specified, and bring any documents it requests.
How to check if a subpoena is valid
Not every subpoena is valid. A subpoena might be invalid for several reasons:
- It is a fake or a scam. Sometimes, scammers send fake subpoenas to trick people into giving away personal information or money. If something seems suspicious, such as a subpoena that asks you to call a number and pay money, or one that arrives in the mail, be cautious.
- It wasn’t issued by a lawyer or court. In civil cases, a lawyer or clerk can issue a subpoena. In criminal cases, the District Attorney or defense attorney can issue a subpoena.
- It does not include the required fees. Oregon law requires that a subpoena include a witness fee of at least $30 per day, plus mileage reimbursement (if you must travel). If payment was not included with the subpoena, it may not be valid.
- It wasn’t delivered correctly. In Oregon, subpoenas for depositions or trials must be hand-delivered. Mailing or emailing is only allowed with your permission. Documents-only subpoenas may be served by mail.
- It asks you to travel too far. A deposition subpoena can only require you to attend a deposition in your home county.
If you believe a subpoena is invalid, do not ignore it. Call the court on the subpoena or consult a lawyer right away for guidance.
Where to get help with subpoenas
If you have questions about subpoenas, you can:
- Contact Oregon’s Lawyer Referral Service: This program can help you find a lawyer in your area. Contact the Lawyer Referral Service.
- Contact your local court clerk: Clerks can issue subpoenas, help you understand basic court procedures, and find the right forms. Find your local circuit court here.
More Frequently Asked Questions
It depends on whether your case is in one of Oregon’s state courts or in a federal court:
- State court: The Oregon Rules of Civil Procedure apply. Rules 38 and 55 cover subpoenas for trial and depositions.
- Federal court: The Federal Rules of Civil Procedure apply. Rule 45 talks about subpoenas.
You always have the right to object to a subpoena, whether in a civil or criminal case. You can object if it is:
- Burdensome: It is very difficult for you to obey the subpoena.
- Unreasonable: The subpoena asks you to do something unreasonable, for example, produce a huge quantity of documents, or requires you to attend a trial across the country even though you’re a minor witness.
- Confidential: The subpoena asks for confidential information, like child abuse or medical records.
However, keep in mind that the court will rarely excuse you from following a subpoena entirely. Instead, the court may place limits on what information you have to provide.
Here are common ways to object:
- For a documents-only subpoena: File a written objection (a formal statement that you disagree) within 14 days. You can object to the number or type of documents being requested. If you object, you do not need to produce the documents until a court orders you to.
- For a testimony subpoena: File a motion to quash (a formal written request asking the judge to cancel or limit the subpoena) with the court as soon as you can. You’ll likely need an attorney’s help with this step.
If you have a scheduling conflict, reach out. Contact the lawyer whose name is on the subpoena as soon as possible.
- For a deposition: the lawyers can usually work with you to find a time that fits your schedule, within reason.
- For a trial: the court will not change the trial dates just for you. However, the lawyer who wants your testimony can often tell you a more specific day when you will actually be needed. Otherwise, the subpoena may require you to be available every day of the trial.
If a subpoena seeks your personal data, such as email records, phone records, or internet search history, you have rights.
- Privacy protections apply. The law limits the types of personal information that can be requested through a subpoena. For example, you may be able to object if the subpoena asks for sensitive records, such as child abuse records or healthcare records. This can be especially important in family law cases.
- You can file a motion to quash. This means you can ask the court, through a formal written request, to block or limit the subpoena if you believe it is asking for too much personal information or information that is not relevant to the case.
- You can object to overly broad requests. If a subpoena asks for a huge amount of data that goes beyond what is reasonably needed, you can object on the grounds that it is too broad or too burdensome.
Usually, yes. If you are required to testify—whether at a trial or a deposition—you are entitled to:
- $30 per day for your testimony.
- Mileage reimbursement for traveling to and from the place where you testify.
- If you receive a documents-only subpoena, you may also be entitled to reimbursement for the costs of copying the documents.
These fees should be included with the subpoena when it is served on you. If they are not, the subpoena may not be valid.
Oregon law sets some specific deadlines you should be aware of:
- Documents-only subpoena: You have 14 days to file an objection to the number or type of documents requested. If you object within that time, you do not have to turn over the documents unless a judge orders you to.
- Testimony subpoena: If you can’t provide testimony on the date requested, you should object as soon as possible by filing a motion to quash, which is a formal request asking the court to cancel the subpoena. A lawyer can help you file a motion to quash, so consider speaking with one if you cannot comply with the subpoena.