Two court papers with similar names that do very different jobs. Here is how to tell them apart, what each one asks of you, and what happens if you ignore one.
Checked November 2026
The difference in one sentence
A summons is aimed at a person being sued and opens the case against them. A subpoena is aimed at a person — sued or not — and orders them to give testimony or evidence to a case.
| Summons | Subpoena | |
|---|---|---|
| Who it is for | The person being sued — the defendant named in the case. | Almost anyone, including witnesses and other people who are not being sued. You do not have to be a party in the case to receive one. |
| What it asks | It tells you that you are being sued, in this court, by this plaintiff — and that you must respond by a deadline. | It commands you, at a set time and place, to do one of these: attend and testify; produce documents, electronic records, or things in your possession; or permit inspection of a place. |
| Who issues it | The court. It is delivered (served) to you together with the complaint — the document that says what the case claims. | It issues from the court where the case is pending, and is signed by the clerk or by an attorney. It must state the court it issued from and the title and case number of the action. |
| The deadline | Federal rule: most defendants must serve a response — an answer or a motion — within 21 days after being served with the summons and complaint. | The time and place written on the subpoena itself. For objecting to producing documents, see the federal 14-day rule in the protections section below. |
| If you ignore it | The case does not go away. The court can enter a default judgment against you — meaning you can lose without your side being heard. | A court may hold you in contempt if, having been served, you fail without adequate excuse to obey it. |
| Can you object? | The way to answer a summons is to respond — with an answer or a motion — by the deadline. The objection process described on this page belongs to subpoenas. | Yes. A person ordered to produce documents may serve a written objection, and in listed situations a court must quash or modify a subpoena. See the protections section below. |
A summons is the court paper that starts a lawsuit against the person it names. It is issued by the court and delivered (served) together with the complaint — the document that says what the case claims.
Read together, the two papers tell the person:
Federal rule: in federal court, most defendants must serve a response — an answer or a motion — within 21 days after being served with the summons and complaint. (Federal Rule of Civil Procedure 12(a)(1)(A)(i))
If a summons is ignored, the case does not go away. The court can enter a default judgment against the person who did not respond.
Sources for this section: Federal Rules of Civil Procedure, Rule 4 (summons) and Rule 12 (response deadline).
A subpoena is a court order that commands a person to do one of these things, at a set time and place:
A subpoena can go to almost anyone — including witnesses and other people who are not being sued. You do not have to be a party in the case to receive one. Getting a subpoena does not mean you are being sued; it means a case needs something from you.
On its face, a subpoena must state the court it issued from and the title and case number of the action. It issues from the court where the case is pending, and it is signed by the clerk or by an attorney.
Ignoring a subpoena has teeth. A court may hold in contempt a person who, having been served, fails without adequate excuse to obey it.
Source for this section: Federal Rules of Civil Procedure, Rule 45.
Ask yourself these two questions about the paper in your hand:
If the paper names you as the defendant and came with a complaint saying what the case claims against you, you most likely have a summons — you are being sued, and the case against you has started.
If the paper orders you to appear and testify, to hand over documents or records, or to allow an inspection — at a set time and place — you most likely have a subpoena, whether or not you are part of the case.
The paper itself is the authority: read what it actually says, and read the deadline printed on it.
A subpoena is a real order, but the federal rules build in protections for the person who receives one:
Federal rule: a written objection to producing documents must be served before the earlier of the time set for compliance or 14 days after the subpoena was served. (Federal Rule of Civil Procedure 45(d)(2)(B))
Source for this section: Federal Rules of Civil Procedure, Rule 45(d).
Criminal cases use their own versions of both papers under the Federal Rules of Criminal Procedure. This page covers the civil papers only.
Everything on this page is drawn from the Federal Rules of Civil Procedure, which are the worked example here:
State courts have their own rules. The federal rules above govern cases in federal court. If your paper comes from a state court, that state's rules apply, and deadlines and procedures can differ — which is one more reason the deadline printed on your own paper is the one that rules.
Checked November 2026