Television has a knack for turning what would be complex real life situations into comedic punchlines. Off the top of my head, a particularly comical one is delivering pizza as a guise to serve subpoenas to unsuspecting individuals. While it is hilarious to watch, it’s not so funny when it happens in real life. In fact, it’ s a serious legal process that may be difficult to wrap one’s head around when it happens to them. In this article, we will be discussing what a subpoena is, when it is issued, and what comes after.

A subpoena is a process which directs a person to either attend and testify at the hearing, trial, or investigation, or bring any books, documents, or other things under his or her control. In criminal cases, subpoenas are issued upon and during the conduct of preliminary investigations. The efficiency of the criminal justice system heavily depends on the conduct of a preliminary investigation, which serves as a filter to ensure that only cases with a high probability of success can proceed to trial. Currently, we follow the 2024 DOJ-NPS Rules of Preliminary Investigations and Inquest Proceedings (2024 DOJ-NPS Rules), issued in July 2024, for preliminary investigations. This Circular defines a preliminary investigation as a summary proceeding that determines whether a person should be indicted based on prima facie evidence with reasonable certainty for their conviction. It must be noted that the conduct of a preliminary investigation is only applicable to crimes or offenses with a penalty of at least six (6) years and one (1) day of imprisonment.

The 2024 DOJ-NPS Rules establish that the quantum of evidence required for the conduct of preliminary investigation is met if such evidence is sufficient to establish all the elements of a crime or offense charged, and consequently warrant a conviction beyond reasonable doubt. If the investigating prosecutor determines the case meets this standard, they shall then issue a subpoena which strictly sets the date, time, and place of appearance, and directs the individual to appear for a hearing and provide evidence. Upon receiving this subpoena, an individual must submit a counter-affidavit and/or affidavits of witnesses on the date set, which must be at least ten (10) days prior to the scheduled hearing. Such counter-affidavit must be subscribed and sworn to before the investigating prosecutor, an authorized government official, or a notary public. Furthermore, the individual must ensure that the original and two (2) duplicate copies are filed with the prosecution office and a copy must be furnished to each complainant. Finally, and most critically, individuals must strictly observe all timelines and appearance dates, as failure to appear or file a defense without a justifiable reason allows the prosecutor to resolve the case based solely on the complainant’s evidence.

While we can trust our lawyers to guide us in these proceedings, it is still important that we have some understanding of what is happening so as to ensure that we are making the best-informed decision possible—aware of the courses of action available to us, its effects, and potential repercussions. This way, we are able to safeguard our right to due process while cooperating with the state in the exercise of its power to prosecute.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by your access to or use of this content. Readers should consult qualified legal counsel regarding their specific legal concerns.