Subpoena to Testify as a Witness: What It Means and What to Do

This guide will walk you through the key aspects of a subpoena to court to testify, including what a subpoena is, why you might receive one, what your rights and responsibilities are, and how to prepare. By the end, you will have a clear understanding of what to expect and how to handle the situation with confidence and professionalism.

What Is a Witness Subpoena?

A subpoena is a legal document that requires a person to:

• Appear in court to testify as a witness, and/or
• Provide documents, records, or other evidence related to a case.

It is not optional—complying with a subpoena is a legal obligation. Ignoring or refusing to respond to a subpoena can lead to legal consequences, such as fines or even contempt of court charges.

There are three main types of subpoenas:

1. Subpoena to give evidence – This requires you to attend court or another legal proceeding to give oral testimony as a witness. You may be asked to recount events, provide expert opinions, or clarify specific facts relevant to the case.  It is sometimes known by its old Latin name, subpoena ad testificandum.
2. Subpoena for production – This compels you to produce documents, records, or physical evidence related to the case. This could include financial records, contracts, emails, CCTV footage, or medical reports. In some cases, you may also be required to provide an explanation of the documents or materials.  Note that “document” in this regard has a very broad definition – it includes electronic documents.  Further it extends not only to documents you physically have, but also ones which you control (such as documents held for you by a third party).  A subpoena for production used to be called subpoena duces tecum.
3. Subpoena to produce documents and give evidence – As its name suggests, this is a subpoena to both provide documents, and then to give evidence based on them.  While all subpoenas are potentially very onerous and exacting, subpoena to produce and give evidence are particularly so as they require additional work and effort to comply with.

Similar to a subpoena for production are Notices to Produce.  A Notice to Produce is issued by a party to a proceeding against the other party requiring that second party deliver up documents to the first.  Notices to Produce differ from Subpoenas in that they are not formal court orders and thus compliance with them is not immediately mandatory like a subpoena.  That said, courts will generally take a very dim view of parties who do not comply with Notices to Produce without good reason, and may penalise a party for failing to comply.  

Subpoenas are legally binding documents issued by:

• Courts – A judge may issue a subpoena as part of a legal case.  However, a judge will not usually issue a subpoena of their own volition.  They will generally be requested to do so by a party to a proceeding (or their lawyers acting on their behalf).
• Regulatory bodies – In some cases, government agencies and regulatory authorities can issue subpoena documents during investigations, inquiries, or hearings.

What to Do If You Receive a Subpoena?

Receiving a subpoena for court can be daunting, but understanding what it entails and responding appropriately is crucial. Here’s a step-by-step guide on what to do:

Step 1: Read it carefully – Understanding what is required

A subpoena is a legal document requiring you to testify as a witness and/or provide specific documents. The first step is to read it thoroughly to understand:

• Who issued it? – It will likely be a court so look at the court name, location and court proceedings referred to in the document.
• What is being asked of you? – Are you required to testify in court, or produce documents (or both)?  Further, look and see which topics you are required to provide evidence or documents on.  A subpoena will generally not be unfettered, but it will only relate to a certain area of interest to the court.
• Where and when you must comply – Note the location, date, and time specified.

Remember:  Failure to comply can have serious legal consequences, so ensure you understand exactly what is expected.

Step 2: Check deadlines and response requirements

Subpoenas often have strict deadlines. Some require a response within a certain period, especially if documents must be submitted. Check for any instructions about confirming receipt or objections you may be able to raise.

If you cannot meet the deadline or believe the subpoena is unreasonable, you may need to seek legal advice (see Step 3).

Step 3: Seek legal advice if necessary

If you are unsure about your obligations, have concerns about confidentiality, believe the court subpoena is invalid, or just generally want some assistance in handling the process, consult a solicitor. Legal advice is particularly important if:

• The requested information is confidential, sensitive or privileged.
• You are unsure whether you must comply.
• The subpoena places an unreasonable burden on you.

Note that the solicitors of the other parties in the relevant court proceedings are not in a position to assist you in relation to the subpoena.  If you have any questions, you will need your own legal advice.

Ignoring a subpoena is not advisable, as it could lead to legal penalties, including fines or contempt of court charges.

Step 4: Confirm availability and prepare accordingly

If you are required to testify in person, ensure you are available on the specified date. If you have a scheduling conflict, notify the issuing party as soon as possible—rescheduling may be possible in some cases.

Plan your travel and logistics in advance to avoid last-minute issues.

Know exactly which court building to attend, which courtroom within that court building, and how to get there.  It is often a good idea to go there in advance to see exactly where you need to be, and so you know the route.  Courts can be difficult to navigate.

Also remember that some courts have security, so allow good time to pass through the court’s security.

Step 5: Gather any requested documents (if applicable)

If the subpoena for court requires you to provide documents, carefully review what is being requested. Keep in mind:

• Only provide what is explicitly asked for—nothing more, nothing less.
• Do not alter, destroy, or withhold requested documents, as this can have serious legal consequences.
• If documents contain confidential or sensitive information, consult a solicitor before disclosing them.

Ensure all documents are well-organised and submitted in the correct format by the deadline.

Step 6: Prepare to give testimony (if required to give evidence in person)

If you are required to testify, preparation is key:

• Understand your role – Are you a fact witness, an expert witness, or involved in another capacity?
• Review relevant details – Refresh your memory on events or documents related to your testimony.
• Stay professional and factual – Only provide truthful and direct answers. Do not speculate or volunteer unnecessary information.
• Expect to be cross examined as part of your testimony – Cross examination is the testing of your evidence in court by a lawyer, typically a barrister.  This is a daunting and very difficult process, so be prepared for it. 
• Remember you have to tell the truth – all witnesses are obliged to tell the truth in court:  “The truth, the whole truth, and nothing but the truth”.  You will be obliged to give the truth without regard for anything else – this may involve awkward or embarrassing elements and it may reflect poorly on you, but you have to tell the truth.  Don’t try and obfuscate or be evasive – this will look even worse.

A solicitor may help you prepare if the testimony is complex or involves legal risks or you want specific assistance in relation to your evidence.

Rights and Obligations of a Witness

If you have been subpoenaed to testify as a witness, it is important to understand both your legal obligations and your rights. Below are the key aspects you should be aware of:

Your Duty to Comply

A court subpoena is a legally binding order, meaning you must comply unless a court excuses you. This includes:

• Attending court on the specified date and time.
• Providing truthful testimony when called to give evidence.
• Producing requested documents if required.

Failing to comply without a valid reason could lead to legal consequences, such as fines or contempt of court charges. If you believe the subpoena to court is unfair or invalid, seek legal advice rather than ignoring it.

The Right to Legal Representation

As a witness, you have the right to seek legal advice before attending court or providing documents. Typically this will be from a solicitor.  A solicitor can:

• Explain your subpoena witness rights and obligations.
• Help you prepare for testimony.
• Advise you on protecting sensitive or privileged information.

While legal representation is not always necessary, it may be beneficial if your testimony involves complex legal matters or could have consequences for you.

The Right to Fair Treatment and Protection Against Self-incrimination

Witnesses are entitled to fair and respectful treatment throughout the legal process. This means:

• You should not be harassed, intimidated, bullied or treated unfairly while giving evidence.
• You have the right to be protected if your testimony puts you at risk.
• If your evidence could incriminate you (i.e., admit to a crime), you can refuse to answer certain questions or seek legal advice on claiming privilege against self-incrimination.

If you have concerns about your safety or the impact of your testimony, inform the court or a legal professional as soon as possible.

Compensation for Expenses (If Applicable)

In some cases, witnesses are entitled to claim reasonable expenses for:

• Travel costs to and from court.
• Accommodation if an overnight stay is required.
• Loss of earnings if attending court means missing work.

The amount and eligibility for compensation depend on the court and the nature of the case. If you are unsure whether you can claim, check with the party that issued the subpoena or the court handling the case.

Preparing to Testify in Court

Receiving a subpoena for court to testify as a witness can be an intimidating experience, but thorough preparation will help you feel more confident and composed in court. Whether you are providing factual information or expert opinion, your testimony plays a crucial role in the judicial process. 

This section outlines the key steps to ensure that you are well-prepared before stepping into the courtroom.

1. Understand Your Role as a Witness

Before attending court, it is essential to understand why you have been called to testify and what is expected of you.

• Identify why you are being called – Determine whether you are a factual witness (also referred to as a lay witness), which is someone with direct knowledge of the events or an expert witness (providing professional opinions on a specific topic based on your expertise).
• Review the subpoena carefully – Check the date, time, and location of the court appearance, as well as any instructions about documents or evidence you may need to bring.

By clarifying your role early on, you will be better prepared to answer questions confidently and accurately.

2. Review Your Statement and Any Relevant Documents

Memory can fade over time, so it is important to refresh your understanding of the facts before testifying.

• If you have previously given a written witness statement, affidavit, police report, or deposition, review it carefully to ensure consistency in your testimony.
• If documents have been disclosed by or to you as part of your compliance with the subpoena (such as emails, contracts, medical records, or reports), ensure you understand their contents.  Remember to look at all emails in an email thread, and all attachments etc.
• Be cautious not to memorise a scripted response—courts expect truthful and natural testimony, not rehearsed answers.  Further, it is obvious to a court when someone is reciting a rehearsed answer, and the court (or more likely the cross examining barrister) will further scrutinise your evidence on this point, including why you have rehearsed your testimony.

Taking time to review relevant materials will help you recall key details accurately when questioned.

3. Seek Legal Guidance if Necessary

If you have concerns about your compliance with the subpoena, including in giving testimony, legal advice can provide clarity and reassurance.

• If you are unsure about your role or worried about how your testimony may impact you legally, consult with a solicitor.
• If you are a witness for the prosecution or defence in a criminal case, the Crown Prosecution Service (CPS) or defence solicitors may offer pre-trial witness support.
• In civil cases, your own solicitor (if applicable) or the legal team calling you as a witness can provide guidance on what to expect.

4. Understand Courtroom Etiquette and Procedures

Court proceedings are formal settings, and it is important to conduct yourself appropriately.

• Dress appropriately – Wear formal or business attire that reflects professionalism and respect for the court.
• Arrive on time – Plan to arrive at the courthouse early to allow time for security checks and finding the correct courtroom.
• Know where to go – Check in with court officials or the legal representative who issued the subpoena upon arrival.

Being punctual and prepared will create a positive impression and ensure that you fulfil your obligations smoothly.

5. Prepare for Questioning

Once in the courtroom, you will be questioned by both the legal team that subpoenaed you and the opposing counsel. Knowing what to expect can help you remain composed under pressure.

• Listen carefully to each question – Do not interrupt; take a moment to think before responding.
• Answer only what is asked – Keep your responses direct and concise. Avoid volunteering unnecessary information or giving rambling responses.
• Tell the truth – Witnesses are under oath, meaning false testimony can result in perjury charges.
• Stay calm and composed – Even if the opposing lawyer challenges your statement, remain professional and composed.

The key to effective testimony during cross-examination is clarity, honesty, and staying focused on the facts.

6. Understand Your Evidence

Confidence in court often comes from preparation. Understanding your evidence and considering it in advance of giving testimony can help reduce nerves and improve clarity.

• Consider discussing with the legal team that called you as a witness.  They cannot tell you how to answer a question, (i.e. what to say) but they can tell you where potential challenges will be raised in respect to your evidence).
• If you feel nervous, practise explaining the facts of the case aloud to ensure clarity and confidence.  Make sure you either do this alone, or (in the correct circumstances) with the legal team calling you.
• Be aware of common tactics, such as leading questions or attempts to discredit your credibility, and prepare to handle them appropriately.  

A well-prepared witness is more likely to deliver confident, clear and credible testimony, avoiding unnecessary confusion or misstatements.

7. Know Your Rights and Obligations

As a subpoenaed witness, you have legal responsibilities, but you also have rights.

• A witness subpoena is a legal order, and failure to comply may result in contempt of court charges.
• If you require accommodations (e.g., due to a disability or language barrier), notify the court in advance.
• If you genuinely cannot attend on the specified date due to exceptional circumstances, seek legal advice immediately—courts may allow for rescheduling under valid conditions.

Understanding these subpoena witness rights and obligations will ensure that you meet your legal duties while protecting your interests.

Consequences of Ignoring a Subpoena

Ignoring a subpoena to testify as a witness can lead to serious legal consequences. A subpoena is a legally binding order, and failing to respond or appear in court can result in penalties, including fines or even being held in contempt of court. Contempt of court is a serious offence that may lead to further legal action, including possible arrest or imprisonment in extreme cases. Courts take non-compliance seriously, as it can obstruct justice and delay proceedings.

If you are unable to comply with a witness subpoena, it is crucial to take proactive steps rather than simply ignoring it. If the date or location is problematic, you may be able to request a modification. This usually involves filing a formal request with the court or contacting the legal party that issued the subpoena. Courts may grant reasonable adjustments if there is a valid reason, such as a scheduling conflict, illness, or travel difficulties. However, you must request changes as early as possible, as last-minute requests may not be approved.

In cases where you believe you should not have to testify—perhaps due to privilege, confidentiality concerns, or undue hardship—you may be able to request an exemption. This typically requires legal justification and, in some cases, the assistance of a solicitor. A judge will determine whether your request is valid, so it is important to provide clear and legitimate reasons.

If you cannot comply with a witness subpoena for any reason, do not ignore it. Instead, seek legal advice immediately. A solicitor can help you understand your options and, if necessary, represent you in court to explain why you are unable to appear. Courts are more likely to consider reasonable requests if they are made formally and in good time.

Failing to address a subpoena properly can have lasting legal consequences. If you receive one, take it seriously, respond promptly, and seek legal assistance if needed.

Conclusion

Receiving a subpoena is a serious legal matter that should never be ignored or taken lightly. Whether you are required to testify in court or provide documents, your response can have significant consequences for both yourself and the legal process.

A subpoena is a formal legal order, and non-compliance can result in fines, penalties, or even contempt of court charges. It is essential to carefully read the subpoena, understand what is being asked of you, and respond within the required timeframe.

If you are uncertain about your rights or obligations, or if you believe complying with the subpoena could put you at risk—such as revealing confidential information or self-incriminating—you should seek legal advice immediately. 

A solicitor can help you understand your options, request modifications if necessary, or even challenge the subpoena in certain cases.

To ensure you are fully prepared, review the following checklist before your court appearance:

• Confirm the details – Double-check the date, time, and location specified in the subpoena.
• Gather any required documents – If applicable, ensure you have all the necessary records or evidence.
• Dress appropriately – Courtrooms have formal expectations; dressing professionally shows respect.
• Plan your arrival – Allow extra time to account for delays and security checks.
• Understand your role – Review any notes or documents to refresh your memory of the events or facts you will discuss.
• Seek legal advice if unsure – If you have concerns, consult a solicitor beforehand.

By taking these steps, you can approach the process with confidence, fulfil your legal obligations, and contribute to the administration of justice effectively. Want to feel even more prepared? Get witness training by Loquitur.  This will help you better understand the legal process and the tricks and traps that cross examining counsel use against witnesses. 

You will learn how to recognise when these tactics are used against you and you will learn strategies of your own to respond effectively to deliver your own evidence with confidence and clarity, and in a compelling manner.