What distinguishes a summons from a subpoena?

Prepare for the Private Process Server Certification. Use flashcards, multiple choice questions, and detailed explanations. Be ready and confident on exam day!

A summons and a subpoena serve distinct purposes in the legal process, with the primary difference being their role in litigation. A summons is a legal document that initiates a lawsuit, formally notifying the defendant that they are being sued and providing them with the opportunity to respond. It is a critical element in starting legal proceedings and ensures that the defendant is brought into the legal process.

On the other hand, a subpoena is a request or order that requires an individual to testify as a witness or produce evidence in a legal proceeding. It operates under the principle that certain information or testimony is necessary for the pursuit of justice and often comes into play after a lawsuit has already been initiated.

This key distinction between initiating a lawsuit with a summons and compelling testimony with a subpoena clarifies their separate roles within the legal framework, making the understanding of their functions essential for anyone involved in legal processes.

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