A subpoena is a legal document that compels a person to appear in court or provide specific documents or information. In Wisconsin civil court, subpoenas are often used to gather evidence and testimony from witnesses.
Types of Subpoenas in Wisconsin Civil Court
There are two primary types of subpoenas in Wisconsin civil court:
- Subpoena Ad Testificandum: This type of subpoena requires a person to appear in court to testify under oath. It may also require the person to bring specific documents or records.
- Subpoena Duces Tecum: This type of subpoena requires a person to produce specific documents or records, but does not necessarily require the person to appear in court.
Who Can Issue a Subpoena?
In Wisconsin, subpoenas can be issued by:
- The Court: A judge may issue a subpoena on their own initiative or in response to a motion filed by a party.
- An Attorney: An attorney representing a party in a lawsuit can issue a subpoena on behalf of their client.
Serving a Subpoena
A subpoena must be served on the person it is addressed to. In Wisconsin, service of a subpoena can be done by:
- Personal Service: Delivering the subpoena directly to the person.
- Publication: In certain cases, a court may allow service by publication in a newspaper.
Responding to a Subpoena
If you receive a subpoena, it is important to respond appropriately. You should:
- Review the Subpoena: Carefully read the subpoena to understand what it requires.
- Consult with an Attorney: If you are unsure about your obligations or have concerns about the subpoena, consult with an attorney.
- Comply with the Subpoena: If you are required to appear in court or produce documents, you must comply with the subpoena's terms.
- Object to the Subpoena: In certain cases, you may be able to object to a subpoena. For example, you may object if the subpoena is overly broad or burdensome.
Failure to Comply with a Subpoena
Failure to comply with a subpoena can result in serious consequences, including:
- Contempt of Court: This is a serious offense that can result in fines or imprisonment.
- Sanctions: The court may impose other sanctions, such as striking pleadings or dismissing a claim.
If you have questions about subpoenas or other legal matters, it is important to consult with an attorney.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
