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Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
630/629-3776 ● Fax 630/629-3940. Page 2. (1) Subpoena for Documents. A subpoena requiring the production of documents is generally referred to as a subpoena duces tecum. It is usually issued at the request of a party in a court or administrative proceeding.
Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that persons attendance, tendering the fees for 1 days attendance and the mileage allowed by law.
The subpoena duces tecum is most commonly used in criminal cases. It can be imposed by either the prosecution or defense, where either needs to prove its case by presenting evidence stored in another location. A subpoena duces tecum is a court order requiring someone to bring documents or evidence to a hearing.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
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Neither a judge nor magistrate need to approve a subpoena before its issuance or service. A subpoena duces tecum may be issued by an attorney with no involvement by a court.

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