Distinguish Subpoena from Summons
1. To whom directed
SUBPOENA is directed to a witness (non-party); whereas SUMMONS is directed to a defendant in a civil case.
2. Purpose
In SUBPOENA, the witness is directed to appear in court or to bring documents; whereas in SUMMONS, the defendant is informed that a complaint is filed against him and he must file a responsive pleading within the period otherwise, judgment can be rendered;
3. Failure to comply
In SUBPOENA, the witness will be declared in contempt or his attendance can be compelled by the issuance of a warrant for his arrest; whereas in SUMMONS, a judgment in default will be rendered against the defendant who fails to comply.
4. Where applicable
SUBPOENA is applicable to both criminal and civil case; whereas SUMMONS applies only to civil cases.
5. Distance limitation
In SUBPOENA, there is a 100-km limitation of its enforceability; whereas in SUMMONS, there is no distance limitation.
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