Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
- June 25, 2025
What Is a Trial Subpoena in a New York Personal Injury Case?
Quick Answer: A trial subpoena is a legal document, issued by a court or an officer of the court, that compels a person to appear in court to testify or produce documents or other evidence in a New York personal injury case. It’s used to gather information and evidence from individuals who may not be direct parties to the lawsuit, such as witnesses or entities holding relevant records.
Here are key aspects of trial subpoenas in New York personal injury cases:
- Compelling Testimony: A subpoena ad testificandum is a specific type of subpoena that orders a person to appear and give testimony at a trial, a deposition, or another legal proceeding.
- Compelling Production of Documents: A subpoena duces tecum (pronounced “doo-sees tee-kum”) requires a person or entity to produce specific documents, records, electronic data, or other tangible evidence that is relevant to the case.
- Purpose: Subpoenas are essential discovery tools used to obtain evidence that may be crucial for proving the facts of a personal injury case. This includes vital information such as medical records, police reports, insurance information, employment records, or witness accounts that are not voluntarily provided.
- Service: For a subpoena to be legally binding, it must be properly served on the individual or entity it is directed to. In New York, service must generally be performed by a person who is not a party to the lawsuit and is at least 18 years old.
- Compliance: Failure to comply with a valid subpoena can result in serious legal consequences for the recipient. These can include being held in contempt of court, facing fines, or, in severe cases, even imprisonment.
- Exceptions: There are certain exceptions to the requirement to comply with a subpoena. A person may be excused from compliance if the subpoena is deemed overly broad, seeks information that is irrelevant to the case, or if complying with it would impose an undue burden.
- Time Limits: Subpoenas for document production typically require a response within a specific timeframe, such as 7 days in a New York civil case from the date of service, unless otherwise specified by the court. Subpoenas for trial testimony must generally be served within a reasonable time before the actual trial date to allow for preparation.
- Challenges: Subpoenas can be challenged by the recipient if they believe the subpoena is improper, seeks privileged information, or is unduly burdensome. Such challenges are typically made by filing a motion with the court to quash or modify the subpoena.
If you were injured in NYC, contact our personal injury law firm at (646) 647-3398 for a free consultation.
When Can a Trial Subpoena Be Used in NYC Personal Injury Lawsuits?
In a New York City personal injury lawsuit, a trial subpoena is used when someone needs to appear in court to give evidence or provide documents. This step usually happens later in the case, often when the trial is about to begin or is already in progress.
A trial subpoena may be used in different situations during a personal injury case. Here are some common examples:
- To require a person to testify in court: This could be a bystander who saw the accident, the person who caused the injury, or someone who can explain key facts.
- To bring in medical professionals: Doctors or other healthcare providers may be asked to testify about the victim’s injuries, treatment, or ability to work in the future.
- To present documents: A trial subpoena can also require someone to bring important records to court, such as medical records, police reports, or video footage.
In most personal injury lawsuits, both the injured person (the plaintiff) and the person or company being sued (the defendant) have the right to use trial subpoenas to support their side. The subpoena helps make sure all necessary information is shared during the trial. This allows the judge or jury to hear the full story and decide the case fairly.
Trial subpoenas are most often used when:
- The case does not settle: If both sides can’t agree on a settlement, the case goes to trial, and subpoenas help gather final evidence.
- First-hand witnesses are needed: When a person’s live testimony is critical—for example, if they saw the accident happen.
- Expert opinions are necessary: Experts like accident reconstruction professionals or medical specialists may be subpoenaed to break down complex information in a way a jury can understand.
If you are involved in a personal injury case in NYC and you or your attorney think a witness or document is key to your case, a trial subpoena can be issued to make sure that person or document is present in court.
Using subpoenas the right way can be a key part of building a strong case. If you have questions about trial subpoenas or your personal injury case, contact The Orlow Firm at (646) 647-3398 for a free consultation.
Who Can Be Subpoenaed to Testify in a New York Trial?
In a New York trial, including personal injury cases, a trial subpoena can require many different people to testify in court. The goal is to bring in individuals who have important information about the case. These people are called “witnesses.”
Here are some examples of who may be subpoenaed to testify:
- Eyewitnesses: These are people who saw the accident happen. They can explain what they saw, which may support one side’s case.
- Medical Professionals: Doctors, nurses, or therapists may be called to explain the injuries, treatments, and long-term health effects of the accident.
- Emergency Responders: Police officers, EMTs, or firefighters who showed up at the scene may be asked to describe what they observed.
- Accident Reconstruction Experts: These experts may explain how the accident likely happened based on evidence like skid marks or damage to the vehicles.
- Employers or Coworkers: They may testify about how the injury affected the person’s ability to work or do their job.
- The Plaintiff or Defendant: The person bringing the lawsuit (the plaintiff) or the person being sued (the defendant) can also be required to testify.
In New York City, a subpoena may be used to make sure these people show up to court. If a witness is unwilling to testify on their own, a subpoena legally requires them to do so.
It’s also important to understand that the person being subpoenaed must receive the subpoena properly. This usually means it must be hand-delivered by someone allowed to serve legal papers in New York.
In personal injury cases, witness testimony can make a big difference. For example, a doctor’s opinion might show how serious an injury is. Or an eyewitness might confirm who had the green light at a traffic accident.
If you’ve been subpoenaed to testify in a trial, or if you believe someone needs to testify in your case, it’s useful to talk to a lawyer. The process must follow New York law, and not following the rules can lead to delays or other problems.
If you’re involved in a personal injury case in NYC and have questions about subpoenas or witness testimony, contact The Orlow Firm at (646) 647-3398 for a free consultation. We’re here to help guide you through the legal process with clarity and care.
What Happens If You Ignore a Trial Subpoena in NYC?
Ignoring a trial subpoena in New York City can lead to serious legal trouble. A trial subpoena is a legal order that requires someone to appear in court, usually to testify or provide evidence. If you receive one, you are legally required to follow it.
If you ignore or fail to respond to a trial subpoena, the court may take one or more of the following actions:
- Contempt of court: Not obeying a subpoena is considered contempt, which means you disobeyed a court order. This can lead to fines or even jail time in some cases.
- Bench warrant: If you do not appear in court as directed, the judge may issue a bench warrant for your arrest. This means law enforcement can come to arrest you and bring you to court.
- Legal penalties: In some situations, ignoring a subpoena could result in other legal consequences, like being fined every day you continue to refuse compliance.
For example, if someone in a personal injury case is subpoenaed to testify about what they witnessed in a car accident in Brooklyn, not showing up to court could hurt the case and also cause that person legal trouble.
If you have a valid reason for not being able to appear—such as illness or a scheduling conflict—you should talk to the lawyer who issued the subpoena or the court right away. Sometimes, the court may excuse your appearance or reschedule it.
Whatever the reason, it’s important not to ignore a trial subpoena. If you’re unsure about what to do, it’s a good idea to speak with an attorney. For help with trial subpoenas in New York City personal injury cases, you can contact The Orlow Firm at (646) 647-3398.
How Is a Trial Subpoena Issued in New York?
In New York, a trial subpoena is usually issued during the discovery or trial phase of a personal injury case. It’s a legal paper that tells a person they must either show up in court to testify or bring certain documents. Lawyers often use subpoenas to make sure they have all the information needed to prove their client’s case.
Here’s a basic breakdown of how a trial subpoena is issued in New York:
- The attorney prepares the subpoena: A lawyer will first fill out a subpoena form. This includes details like the name of the person being subpoenaed, what they are being asked to do (testify or bring documents), and when and where they need to show up.
- The court clerk may sign or “so-order” the subpoena: In some cases, especially if the subpoena is going to a government agency or a non-party (someone not involved in the case), a judge or court clerk must approve it first.
- Proper service of the subpoena: The subpoena must be “served” or officially delivered to the person. In New York, this is usually done in person. A process server or anyone over 18 who is not part of the case can serve the subpoena.
- Proof of service is filed: Once delivered, the server usually fills out an affidavit of service. This document shows when, where, and how the subpoena was delivered. It can be filed with the court if needed later.
In New York City, this process is common in personal injury cases. For example, a lawyer might issue a trial subpoena to a doctor who treated the injured person. The doctor may be asked to testify in court about the extent of the injuries. Or a business might be asked to produce video footage showing how an accident occurred.
It’s important to follow all rules when issuing a subpoena. If it is not served the right way or is missing key details, it may not be enforceable. In some situations, the person receiving the subpoena can ask the court to cancel or “quash” it, especially if it’s unreasonable or overly burdensome.
If you have questions about issuing or responding to a trial subpoena in a New York City personal injury case, it’s best to speak with an attorney. The legal team at The Orlow Firm can help guide you through the process. For help, call (646) 647-3398 for a free consultation.
What Are the Different Types of Trial Subpoenas in NYC?
In New York City personal injury cases, there are different types of trial subpoenas used to help gather evidence and get people to testify in court. Each type of subpoena serves a unique purpose during the trial. Understanding these types can help you know what to expect if you are involved in a case.
Here are the main types of trial subpoenas used in New York:
- Subpoena ad testificandum: This type of subpoena requires a person to appear in court and give verbal testimony. For example, a witness to a car accident may receive this subpoena to speak about what they saw.
- Subpoena duces tecum: This subpoena orders someone to bring certain documents or records to court. These documents can include medical reports, employment records, surveillance footage, or written communications relevant to the case.
Sometimes, both types are combined. A person may be asked to both testify and bring documents with them to court. This is common in personal injury cases where medical professionals may be called to testify and also provide medical records.
It’s important to know that trial subpoenas in New York must follow strict rules. They usually must be served in person, and there is often a fee included, called a witness fee, which helps cover costs like travel or lost time.
Trial subpoenas play a key role in helping both sides of a personal injury case present facts clearly to the jury or judge. They ensure the right people and the right evidence are available at trial.
If you have received a subpoena or need to issue one in a personal injury case, it’s wise to speak with a qualified attorney. For help with trial subpoenas in NYC personal injury cases, contact The Orlow Firm at (646) 647-3398 for a free consultation.
Why Are Trial Subpoenas Important in Personal Injury Cases?
Trial subpoenas play a very important role in personal injury cases in New York City. They help make sure the court has the information it needs to make a fair decision. These legal documents require people to appear in court or bring evidence to support a case. Without them, it would be hard to prove what really happened during an injury or accident.
In a personal injury case, the injured person must show that someone else was careless and caused harm. A trial subpoena helps by bringing in people or records that can prove these claims. For example, medical records can show the type and extent of injuries. A witness might testify about what they saw when an accident occurred. These details help build a strong case.
Here are a few reasons why trial subpoenas are so important in NYC personal injury cases:
- They bring in witness testimony: A trial subpoena can require eyewitnesses, police officers, or doctors to testify in court. Their words can explain how the accident happened or how serious the injuries are.
- They provide important records: Subpoenas can also be used to get medical records, accident reports, or work logs. These documents support your version of events.
- They ensure full participation: Not everyone may be willing to testify or share records on their own. A trial subpoena makes it legally required for them to take part in the case.
- They help uncover the truth: By getting all the needed people and documents into court, subpoenas help the jury or judge understand what really happened.
Let’s say you were hit by a delivery truck while walking in Manhattan. The driver denies being at fault. A subpoena can be used to call a witness who saw the truck run the red light. It can also get traffic camera footage or the driver’s schedule from their job. This evidence can clearly show who was responsible, which is critical in deciding your case.
In short, trial subpoenas help injured people show what happened, prove fault, and recover damages. They help gather the truth, even when others may not be willing to help at first. If you are involved in a personal injury lawsuit in NYC, understanding the role of subpoenas can be key to your case’s success.
Can You Challenge a Trial Subpoena in New York?
Yes, it is possible to challenge a trial subpoena in New York, but there must be a valid legal reason. A trial subpoena is a court order requiring someone to appear in court or bring documents. However, not every subpoena is proper or fair. If you believe the subpoena is unreasonable or incorrect, you may be able to object.
Here are some of the common reasons you might challenge a trial subpoena in New York:
- Too burdensome: If responding to the subpoena would be extremely difficult, expensive, or take too much time, you may ask the court to cancel or limit it.
- Not relevant: The request must be directly related to the personal injury case. If the information or testimony is not important to the case, you can object.
- Confidential or privileged information: Some information, like private medical records or attorney-client communications, may be protected by law. You may not have to share this unless the court orders it after review.
- Improper service: If the subpoena wasn’t delivered to you correctly, you might be able to challenge it. New York law has specific rules about how subpoenas must be served.
- Timing concerns: You must be given enough time to prepare. If the subpoena gives too little notice, this may also be a reason to object.
To challenge a subpoena, you typically need to file a motion to “quash” or “modify” it with the court. This means you’re asking the judge to cancel or change the subpoena. It is helpful to explain clearly why the subpoena is unfair or improper.
If you received a trial subpoena as part of a personal injury case in New York City and you’re unsure how to respond, you don’t have to handle it alone. A personal injury attorney can help you understand your rights and guide you through the process.
For help with trial subpoenas, call The Orlow Firm at (646) 647-3398 for a free and confidential consultation.
Frequently Asked Questions About Trial Subpoenas in NYC
Here are some frequently asked questions about trial subpoenas in New York City personal injury cases. These answers aim to help you better understand how subpoenas work, especially if you or a loved one is involved in a lawsuit.
- What is a trial subpoena? A trial subpoena is a legal document that orders a person to appear in court to give testimony or bring documents. It’s often used in personal injury cases to support one side’s version of what happened.
- Who can issue a trial subpoena in NYC? In New York, attorneys can issue subpoenas on behalf of the court. A judge may also sign a subpoena if needed. The subpoena must follow court rules and be served properly.
- Do I have to obey a trial subpoena? Yes. If you receive a valid trial subpoena, you must appear in court or provide the requested items. Ignoring it could lead to fines or even jail time.
- Can I be reimbursed for attending court as a witness? In most cases, yes. If you are subpoenaed, you may be entitled to a small fee for your time and travel expenses. This is especially true in civil cases, like personal injury lawsuits.
- Can I refuse to testify if subpoenaed? Usually, no. However, some legal exceptions may apply. For example, you might have a valid reason not to testify if doing so would violate your rights. An attorney can help you understand your options.
- How are trial subpoenas delivered? A subpoena must be “served,” which means it is personally delivered to the person by someone who is not part of the case. It has to be handed to you directly unless the court approves another method.
- What if I can’t attend on the date listed? You should contact the attorney who issued the subpoena as soon as possible. In some cases, they may reschedule or excuse your appearance. Do not ignore the subpoena or assume it’s optional.
- Are there different types of subpoenas? Yes. A subpoena to testify is called a subpoena ad testificandum. One that requires documents or records is called a subpoena duces tecum. Both may be used in a personal injury case.
- Will I need a lawyer if I get a subpoena? Not always, but if you’re unsure why you were subpoenaed or believe your rights may be affected, it’s smart to speak with a lawyer. This is especially important if providing testimony could impact you legally.
If you have more questions or are dealing with a trial subpoena related to a personal injury case in New York City, you can contact The Orlow Firm at (646) 647-3398 for a free and confidential consultation. We’re here to help you understand your rights and responsibilities.
Need Help With a Trial Subpoena in NYC? Contact The Orlow Firm for a Free Consultation
Dealing with a trial subpoena can feel overwhelming, especially if you’re not familiar with the legal system. Whether you’ve been served a subpoena in a personal injury case or need help issuing one for your trial in New York City, The Orlow Firm is here to assist you.
A trial subpoena is a legal document that orders a person to appear in court to testify or provide evidence. In personal injury cases, these subpoenas can help gather important details that support your claim or defense. For example, you may need a witness to explain how an accident happened or have a doctor talk about your injuries in front of a judge or jury.
At The Orlow Firm, our attorneys understand how important each piece of evidence can be. If you’re facing a subpoena or need to issue one, our team can guide you through the legal steps. We can explain your rights, help you prepare to testify, and make sure subpoenas are served the right way according to New York law.
You may need legal help with a trial subpoena if:
- You’ve been subpoenaed and don’t know what to do next.
- You believe the subpoena is unfair or asks for too much.
- You need to issue a subpoena but aren’t sure how.
- You want a witness to appear at your personal injury trial.
Ignoring a subpoena can have serious consequences, such as fines or even arrest in some cases. That’s why it’s important to understand your options and respond properly.
If you need help with anything related to a trial subpoena in New York City, you don’t have to handle it alone. Our attorneys have years of experience working on personal injury trials across all five boroughs. We will help protect your rights, and ensure the process is handled correctly.
Call The Orlow Firm today at (646) 647-3398 for a free consultation. We’re here to answer your questions, explain your legal options, and support you through every part of your personal injury case.
The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
