Differences Between Subpoenas and Summonses in Australia

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When it comes to legal documents, there can be a lot of confusion surrounding the difference between subpoenas and summonses. In Australia, these two types of documents serve different purposes and have different requirements.

Subpoenas and summonses are both important legal documents that can have a major impact on your life. Although they are different, both are necessary for the Australian legal system.

Understanding Subpoena and Summons

What Is a Subpoena?

A subpoena is a document that orders a person to appear in court to give evidence or produce documents. In Australia, there are two types of subpoenas: a subpoena ad testificandum and a subpoena duces tecum.

A subpoena ad testificandum orders a person to attend court to give evidence, whilst a subpoena duces tecum orders a person to provide documents to the court. A subpoena is usually issued by a court or tribunal.

The court will typically order that the materials produced under the subpoena be turned over to the person who requested them. The pieces of evidence and materials produced under a subpoena become the property of the court.

Furthermore, subpoenas can be either a criminal subpoena and a civil subpoena. A criminal subpoena is issued by a prosecutor and orders a person to give evidence or produce documents in relation to a criminal matter. A civil subpoena is issued by a plaintiff or defendant in a civil matter and orders a person to give evidence or produce documents in relation to a civil matter.

What Is a Summons?

A summons, on the other hand, is a legal document that notifies a person that they are required to appear in court. A summons is usually issued by the police after they have investigated a crime. It requires a person to appear in court to answer charges.

If you have been served with a subpoena or summons, you should seek legal advice as soon as possible.

What Are the Key Differences Between Subpoenas and Summonses?

Here are a few key differences between subpoenas and summonses:

  • A subpoena is used to compel someone to give evidence or produce documents, whilst a summons is used to notify someone of their required court appearance. Subpoenas are typically issued by a prosecutor or a plaintiff, whilst summonses are typically issued by a court.
  • A subpoena can be issued without a person's knowledge, whilst a summons must be served upon a person in order to notify them of their required court appearance.
  • If a person fails to comply with a subpoena, they may be held in contempt of court, whilst failure to appear in court after being served with a summons may result in a warrant being issued for their arrest.
  • Subpoenas can be issued for both criminal and civil cases, whereas summons is only used in criminal cases.
  • Subpoenas require the recipient to attend court to give evidence or produce documents, whereas summons only requires the recipient to appear in court.
  • Subpoenas can be issued by a court or a party to the case, whereas summons can only be issued by a court.
  • Subpoenas are served in person, whereas summons can be served by post.

What Should You Do When You Receive a Subpoena or a Summon?

When you receive a summons or subpoena in Australia, there are some things that you need to do in order to comply with the law.

  • You must appear in court on the date and time specified in the summons or subpoena. If you do not appear, you may be found in contempt of court.
  • You must bring any documents or other materials that the court has specified in the summons or subpoena. If you do not have these materials, you may be fined or jailed by the court.
  • You must answer any questions that the court asks you. If you refuse to answer questions, you may be found in contempt of court and fined or jailed.
  • Be honest and truthful when testifying.

Subpoenas and summons are legal documents that can have a major impact on your life, so it's important to take them seriously.

Why It Is Advisable to Get a Lawyer When You Receive a Subpoena or Summon

There is no hard and fast rule as to whether or not you need to get in touch with any law firms in Sydney when receiving a subpoena or summons in Australia.

However, it is generally advisable to seek legal advice before taking any action in response to such a document. A lawyer can help you understand the implications of the subpoena or summons and advise you on the best course of action to take.

In most cases, a subpoena or summons will require you to provide evidence or testimony in relation to a particular matter. If you fail to comply with a subpoena or summons, you may be liable for contempt of court. This could result in a fine or imprisonment. As such, it is important that you take the time to understand the implications of the document before taking any action.

Wrapping Up

A subpoena is a legal document that requires a person to appear in court to give evidence or testimony. A summons, on the other hand, is a document that requires a person to attend court to answer charges against them. Both documents are issued by the court, and failure to comply with either could result in contempt of court.

The key difference between a subpoena and a summons is that a subpoena requires a person to submit evidence or document, whilst a summon is a notification for the person to answer charges against them. Failure to comply with a subpoena can result in a penalty whilst a summons can lead to arrest. 

It is important to note that both documents may require you to appear in court, so it is advisable to seek legal advice before taking any action. If you have been served with a subpoena or summons, you should contact a lawyer as soon as possible to discuss your options.

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