California Private Investigator Practice Exam

What distinguishes a summons from a subpoena?

1. A summons is for collecting debts; a subpoena is for legal appearance

2. A summons notifies of a lawsuit; a subpoena orders action by a party

3. A summons is optional; a subpoena is mandatory

4. Both are court orders with the same legal weight

The correct answer is: A summons notifies of a lawsuit; a subpoena orders action by a party

The distinction lies in the fundamental purpose of each document within the legal process. A summons is primarily a notification to a defendant that a lawsuit has been filed against them. It informs the individual about the legal action and typically outlines the need to respond within a specific timeframe to avoid a default judgment. Essentially, a summons serves as an initial interaction in a civil case, alerting the involved party of their involvement in the litigation. On the other hand, a subpoena is a legal command that instructs an individual to either appear in court as a witness or produce evidence in a legal proceeding. It is more about compelling action, whether it involves attending a hearing or submitting documents relevant to the case. Understanding this distinction is crucial for effectively navigating legal procedures, as it impacts how an individual must respond to legal documents and their respective roles in the court system.