A subpoena is a writ issued by the court in which a civil action has been filed.  Subpoenas are issued by the Circuit Clerk and served on a person or entity.  There are generally two types of Subpoenas:  the Subpoena Ad Testificandum, which seeks testimony from the person or entity, or the Subpoena Duces Tecum which seeks documents from the person or entity.

Generally speaking, when a subpoena is to be served upon an individual, the attorney directing the service will hire a process server for service.  As the information or testimony required is time sensitive, an affidavit of service from the process server is returned to the requesting attorney.  The affidavit is then filed with the clerk and made a part of the record.

Upon service of the Subpoena, the receiving party must respond in the manner and time period as ordered.  If the receiving party fails to respond with the requested testimony or document production, the serving party may file a Motion for Contempt and Sanctions.  The party serving the subpoenas can be sanctioned if the court finds that the power was exercised to harass or burden the recipient.

Although considered burdensome by the recipient, Subpoenas are an effective discovery tool in both civil and criminal cases.