Subpoena

How a Subpoena is Used in Personal Injury Law?

During the discovery phase of a personal injury case, a lawyer may subpoena various people, including:

Eyewitnesses
Medical professionals
Businessowners (who may have video footage of the injury occurring)
Experts

These subpoenas would generally be deposition subpoenas or subpoena duces tecum (document requests).

Types of evidence that may be subpoenaed can include:

Security video
Medical documentation
Premises documentation (such as an incident report from a big box store)
Dashcam footage from vehicles not involved in the injury

These subpoenas help personal injury attorneys collect evidence, learn more about the circumstances surrounding the injury, and help them negotiate for an out-of-court settlement, or build a case, should the case go to trial.

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Famous Cases Subpoenas Were Used

Nearly all court cases involve subpoenas. Some of the most high-profile subpoenas that have been issued in recent history include:

Hillary Clinton and Bill Clinton subpoenaed for the congressional Epstein investigation
Various subpoenas for Donald Trump’s business records
Suge Knight’s subpoena for the case against Duane “Keffe D” Davis in the murder of Tupac Shakur
Scott “Kid Cudi” Mescudi was subpoenaed for the Sean “Diddy” Combs sex trafficking case

When is a Subpoena Used in the Legal Process?

Subpoenas are generally issued during the discovery phase, while personal injury attorneys are collecting evidence to build their case. Ensuring that they have the evidence they need to properly represent their clients. In most cases, subpoenas are followed properly, without contention. However, issuing subpoenas gives attorneys clear legal grounds to collect evidence that doesn’t require a warrant.

Are Subpoenas Used in Kentucky Personal Injury Law?

Yes! In Kentucky, a subpoena must contain the following information:

The issuing court
The title of the action
The court that holds the pending action
Civil action number
The contact information of the attorney requesting the subpoena
The reason for the subpoena
The time and place the person receiving the subpoena must appear
Signature of the clerk or authorized deputy
A command to produce documents or evidence, or to appear at a deposition or trial

Are Subpoenas Used in Tennessee Personal Injury Law?

Yes! In Tennessee, a subpoena must contain the following information:

The name of the court
The name of the county
The case number
The plaintiff’s name
The defendant’s name
Contact information of the person receiving the subpoena
The reason for the subpoena
The date and time they must appear or produce evidence
The party who issued the subpoena
Date issued
Signature of the clerk or deputy clerk

How Does Hughes & Coleman Injury Lawyers Use Subpoenas?

The experienced personal injury attorneys at Hughes & Coleman Injury Lawyers will issue subpoenas for anything that could help your case, including: security footage of the area where your injury occurred, eyewitness depositions, medical records, and more. They will use this evidence to help build your case and negotiate with insurance companies. Should your case fail to reach an out-of-court settlement, the evidence collected through subpoenas may help build your case to deliver to a jury.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Subpoenas

Can you refuse a subpoena?

According to Cornell’s Legal Information Institute, you are not required to comply with a subpoena, “if the testimony or documents are privileged.” However, it is not advised to refuse a subpoena. Denial of a subpoena is punishable with contempt.

What are three types of subpoenas?

The three kinds of subpoena are:

Witness Subpoena: a subpoena that requires a witness to appear in court at a specific place and time.
Subpoena Duces Tecum: a subpoena for evidence such as records, documents, or physical evidence.
Deposition Subpoena: a subpoena that requires someone to testify at a deposition.

What is the difference between a subpoena and a summons?

A summons is delivered to the defendant of a case, and begins the case, whether criminal or civil. A subpoena, on the other hand, is delivered to different persons who are variables in the case to help deliver evidence. If you are issued a summons, you are the defendant in the case. If you are issued a subpoena, you are generally a supporting factor of the case, whether it is the defendant’s case, plaintiffs’ case, or non-party (neutral).

Does a subpoena mean you are in trouble?

Not necessarily. In most cases, subpoenas are designed to summon people to court for various reasons, including producing documents or testifying. The reason for your subpoena should be stated on the subpoena.

What are valid reasons to get out of a subpoena?

You should never ignore a subpoena, but you can respond to it. If you want to be excused from a court date, it’s essential to either file a “motion to quash” or have your attorney do so for you.

There are valid reasons to get out of a subpoena, which can include:

Avoiding self-incrimination through invoking the Fifth Amendment
Improper service: when the subpoena was delivered against court rules and procedures
Jurisdictional issues
Hardship: which could include the fact that the subpoena requires extensive travel or an excessive financial burden
Emergencies
The relevance of the subpoena

How is a subpoena legally served?

In most circumstances, subpoenas are hand delivered to the person being served. This ensures that the person has received the document. There are circumstances in which a subpoena may be delivered by registered mail or special delivery.

Can my phone records be subpoenaed without my knowledge?

Yes. Phone records can be subpoenaed without your knowledge. The subpoena will go to your phone carrier, not you. The types of records that can be subpoenaed may vary, but privacy laws require warrants for text message content.

Does a subpoena mean you have to go to court?

Yes. Subpoenas are formal summons for individuals to appear in court for a trial, hearing, or deposition. The subpoena will detail exactly why you must appear I court, including to produce documents, testify, or appear before a judge.

What is a subpoena duces tecum?

A subpoena duces tecum is a subpoena specifically for documents. It is delivered to someone who holds or may hold such documents that are applicable to the case.

Who can get subpoenaed?

Because subpoenas are not accusations of criminal or civil offenses, anyone involved in the case can be subpoenaed to appear in court. May include:

Medical experts
Evidence experts
Eyewitnesses
Victims
Defendants
Plaintiffs
Businessowners, hospital staff, bank owners, or others who may hold applicable documents
Government agencies