What a subpoena asks of you
A witness subpoena orders you to appear and testify, and sometimes to bring documents, at a trial, hearing, grand jury, or deposition. In New York civil cases, lawyers can issue many subpoenas themselves without a judge signing them, while others come from the court or a prosecutor. Either way it is a legal command, and ignoring it can lead to a court ordering you to appear and, in some cases, to contempt. Being a witness does not mean you are accused of anything, though in some matters the line between witness and subject is worth checking with a lawyer before you testify.
Getting ready for the date
Read the subpoena for the date, the location, and who issued it, and contact the issuing lawyer's office if the date is impossible; adjustments are often agreed informally, but get any change in writing. Gather the documents it calls for without editing or discarding anything. If either side asks to speak with you privately before you testify, you can usually choose whether to do so. Testifying truthfully is required, and guessing to fill gaps is a common mistake, so it is fine to say you do not know or do not remember. Avoid discussing your expected testimony with other witnesses. If the subpoena calls for business records, ask whether a records custodian's certification can be provided instead of a personal appearance.
Objections and concerns
A subpoena can be challenged when it is overbroad or seeks privileged material, usually by a motion to quash or modify filed before the compliance date. If your testimony could expose you to criminal liability, you may have a Fifth Amendment privilege, which usually has to be raised question by question and should be discussed with counsel in advance. Bring the subpoena itself when you call, so we can check who issued it, how you relate to the parties, and whether testifying carries any risk for you. Then we decide whether to negotiate the scope, ask the court for protection, or simply prepare you to appear.
