Legal terms such as subpoena and warrant are often heard in courtrooms, police investigations, and television dramas, but they refer to very different legal tools.
A subpoena generally requires a person to provide testimony, documents, or other evidence. A warrant generally authorizes law enforcement to take a particular action, such as arresting a person or searching a specified place.
Understanding the difference can matter if you receive a subpoena, learn that an arrest warrant has been issued, or are present when officers execute a search warrant.
| Subpoena | Warrant | |
|---|---|---|
| Purpose | Requires testimony or the production of documents or things | Authorizes an arrest or a search |
| Who issues it | Court clerk, Texas attorney, or deposition officer (civil); court process (criminal) | A magistrate (a judge-level official authorized to issue warrants) |
| Who carries it out | Delivered to the person who must comply | Law enforcement |
| Does it mean you’re accused? | Not necessarily | An arrest warrant names an accused person |
What Is a Subpoena?
A subpoena is a legal command requiring someone to appear and testify, produce documents or other materials, or both. Ordinary subpoenas for documents are sometimes called subpoenas duces tecum.
In Texas civil cases, a subpoena may require a person to testify at a deposition (out-of-court sworn testimony), hearing, or trial. It may also require the production of designated documents or tangible items. Under Texas Rule of Civil Procedure 176, a civil subpoena can be issued by the court clerk, a Texas attorney acting as an officer of the court, or an officer authorized to take depositions. Someone without an attorney generally must ask the clerk or court to issue one.
Criminal subpoenas are governed by Chapter 24 of the Code of Criminal Procedure. They may be used to require witnesses to appear in a criminal proceeding or to bring evidence relevant to the case.
Receiving a subpoena does not necessarily mean you are accused of wrongdoing. You may simply have information or records that one of the parties believes are relevant.
What Is a Warrant?
A warrant is a written legal order authorizing law enforcement to take a particular action.
An arrest warrant directs an officer, or another person specifically authorized by the warrant, to take the accused person into custody. A search warrant is a written order issued by a magistrate. It directs a peace officer to search for specified property or evidence and, when authorized, seize it.
Texas law requires probable cause before a search warrant may be issued. Probable cause means sufficient facts to reasonably believe that evidence of a crime will be found. A sworn affidavit setting out substantial facts establishing probable cause must be filed whenever a search warrant is requested .
Not every arrest requires an arrest warrant. Chapter 14 of the Code of Criminal Procedure permits warrantless arrests in several circumstances. One example is an offense committed in an officer’s presence or view.
How Subpoenas Are Used in Civil and Criminal Cases
During a civil case, subpoenas are frequently used in discovery, the process of gathering evidence. An attorney may use a subpoena to obtain testimony from someone who is not a party to the lawsuit, or to request records from a business, medical provider, employer, or other third party.
Texas rules limit subpoenas. A civil subpoena generally cannot require a person to appear or produce materials in a county more than 150 miles from where that person lives or was served, subject to certain exceptions .
In criminal cases, the prosecution or defense may use subpoenas to secure witness testimony or evidence for trial and other proceedings.
Do not ignore a subpoena. In Texas civil cases, failing to obey a properly served subpoena without an adequate excuse can be punished as contempt of court . In criminal cases, noncompliance can also carry legal consequences.
How Warrants Are Executed
Law enforcement carries out search and arrest warrants. Private parties to a lawsuit do not.
A search warrant must be executed without delay, and generally within three days of issuance. When officers execute one, article 18.06 requires them to present a copy of the warrant to the owner of the place if the owner is present. If the owner is absent but another person is in possession, the officer presents the copy to that person. Before taking property, the officer must prepare a written inventory, sign it, and give a copy to the owner or person in possession. If no one is present, the officer leaves a copy of the warrant and the inventory at the location.texasattorneygeneral+1
The existence of a warrant does not mean a person has been convicted of a crime. A warrant is part of the investigative or criminal court process. The legal consequences depend on the type of warrant and the circumstances.
What to Do if You Receive a Subpoena
If you are served with a subpoena, read it carefully and note the date, location, and information it requires.
Do not assume you can ignore it just because you are not a party to the case. At the same time, complying does not always mean immediately turning over everything requested.
Legal questions can arise when a subpoena seeks privileged information (such as attorney-client communications), confidential records, commercially sensitive material, or information that could expose you to criminal liability. In a civil matter, there are procedures for objecting to an improper or unduly burdensome request, and a court can issue a protective order limiting the demand.
An attorney can review the subpoena, explain what it requires, and decide whether compliance, an objection, a protective order, or another response is appropriate. Contact one early, because deadlines may be short.
What to Do if You Learn About an Arrest Warrant
Learning that an arrest warrant may have been issued can be frightening. Ignoring it does not make it go away, and relying on unofficial information can make matters worse.
A criminal defense attorney can help determine whether a warrant exists, explain the underlying charge, and advise you on how to address it. Depending on the circumstances, an attorney may also discuss bond, surrender procedures, and what to expect after an arrest. In many cases, an attorney can arrange a planned surrender rather than leaving the arrest to chance.
Texas law requires an arrested person to be taken before a magistrate without unnecessary delay, and generally no later than 48 hours after arrest. At that appearance, the magistrate must advise the person of important rights, including the right to remain silent, the right to retain counsel, and the right to request appointed counsel if the person qualifies.
What to Do During a Search Warrant
If officers arrive with a search warrant, physically interfering with the search can create additional legal problems. These steps may help:
- Stay calm and do not obstruct the officers.
- Ask to see and receive a copy of the warrant, which the officers are required to present.
- Note the locations and property the warrant authorizes officers to search or seize.
- Contact an attorney as soon as possible for advice about your rights and the scope of the search.
A search warrant does not automatically authorize officers to search every person, place, or object they encounter. The scope of a lawful search depends on the warrant itself and on any exceptions to the warrant requirement that may apply.
The legality of a search can become important in a later criminal case. An attorney can evaluate whether the search stayed within the warrant’s scope and whether there are grounds to challenge evidence that was obtained.
Does a Subpoena or Warrant Create a Criminal Record?
Receiving a subpoena does not itself create an arrest or conviction record. A person may receive one simply because they are a witness or hold relevant information.
An arrest warrant is different. If a person is arrested, records of the arrest and the criminal case may be created even if the case does not end in a conviction.
Texas law provides for expunction (court-ordered destruction) of certain arrest records when specific eligibility requirements are met. These provisions are in Chapter 55A of the Code of Criminal Procedure . Eligibility depends heavily on how the case was resolved. A warrant by itself is not the same as a conviction.
How a Lawyer Can Help
Whether you have received a subpoena, learned of an arrest warrant, or been affected by a search warrant, the right response depends on your circumstances.
An attorney can explain what the document requires, identify important deadlines, evaluate your rights, and advise you how to respond without creating additional legal problems.
If you need help understanding a subpoena or warrant in Austin or Central Texas, the Lawyer Referral Service of Central Texas can help connect you with an attorney whose practice relates to your legal issue.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship.
