# What Is a Subpoena? Definition for Data Requests | Kodex Source: https://www.kodexglobal.com/glossary/subpoena > A subpoena compels a company to produce records. Learn what data a subpoena can reach, who can issue one, and how it differs from a warrant. Legal Process ## Subpoena A subpoena is a legal order compelling a person or company to produce documents or testimony. In data request work it is the lowest-threshold instrument: it does not require a judge’s prior approval and generally reaches basic subscriber information rather than the contents of communications. Also known as subpoena duces tecum The subpoena is the workhorse of the data request world. It is the instrument a company receives most often, it carries the lowest legal threshold of the compulsory processes, and it is the one most likely to arrive in volume. ### What a subpoena is A subpoena is an order to produce. Two forms matter here: - A subpoena duces tecum compels the production of documents, records, or data. This is the form companies receive. - A testimonial subpoena compels a person to appear and give evidence. The defining characteristic is that a subpoena can generally be issued without a judge approving it first. A prosecutor acting through a grand jury, or an agency acting under statutory authority, can issue one directly. That absence of prior judicial review is the reason its reach is limited. ### What data a subpoena can reach In the United States the boundary is drawn by the Stored Communications Act, which sorts data into tiers and assigns a different legal instrument to each. SubpoenaSearch warrant Legal standard Relevance to an investigation Probable cause Prior judicial approval Not generally required Required Typical data reached Basic subscriber information, non-content records Content of communications, stored files Who issues it Prosecutor, grand jury, or agency Judge or magistrate Can the user be notified Often yes, unless separately restricted Often restricted by an accompanying order The practical rule of thumb is that a subpoena reaches information about an account and a warrant reaches what is inside it. The boundary is contested at the edges, and location data has been the most heavily litigated of those edges. ### What it means for a company receiving one A subpoena is compulsory, so it cannot simply be declined, but it is not self-executing either. The recipient has a genuine role: confirming the subpoena is valid and properly served, confirming the issuing authority has jurisdiction, and confirming the scope actually matches what the law permits that instrument to reach. Three failure modes recur: - Over-production. Answering a subpoena with content because the request asked for it, when the instrument does not reach content. - Under-scrutiny of scope. Producing records for a date range far broader than the request justifies. - Missing the deadline. Compliance dates are real, and an unanswered subpoena escalates. ### How subpoenas differ from other legal process A subpoena sits at the bottom of a ladder. A court order under 18 U.S.C. § 2703(d) sits above it, requiring specific and articulable facts and reaching more detailed transactional records. A search warrant sits above that, requiring probable cause and reaching content. Emergency disclosure requests sit outside the ladder entirely: they are voluntary rather than compulsory, and they carry no judicial oversight at all. Knowing which rung an instrument occupies is the whole of the intake decision. Everything downstream depends on classifying it correctly. FAQ ### Frequently asked questions Can a subpoena compel the contents of emails or messages? Generally no. Under the Stored Communications Act, content held by a provider is protected by a higher standard, and US law enforcement ordinarily needs a search warrant based on probable cause to obtain it. A subpoena typically reaches non-content records: subscriber name, addresses, session times, payment information, and similar identifying details. Does a judge review a subpoena before it is issued? Usually not. Grand jury and administrative subpoenas are issued without prior judicial review, which is precisely why the categories of data they reach are narrower. Judicial oversight in the subpoena process is generally after the fact, arriving only if the recipient objects and moves to quash. What happens if a company objects to a subpoena? The recipient can file a motion to quash or modify it, typically arguing the subpoena is overbroad, unduly burdensome, or seeks material it has no authority to compel. Filing must usually happen before the compliance date. Ignoring a subpoena rather than objecting to it risks contempt. Glossary ### Related terms #### Grand Jury Subpoena A grand jury subpoena is issued in the name of a grand jury investigating potential criminal conduct, and compels the production of documents or testimony. It is issued by prosecutors without prior judicial review, and grand jury secrecy rules restrict what the prosecution may disclose about the proceeding. #### Administrative Subpoena An administrative subpoena is issued by a government agency under a specific statutory grant of authority, rather than by a court or grand jury. Its reach is bounded by the statute that created it, which means the first question on receiving one is whether that agency has authority over your company at all. #### Search Warrant A search warrant is an order issued by a judge authorising a search or seizure, granted only on a showing of probable cause. In data request work it is the instrument required to compel the contents of communications, and it is the highest legal threshold a company is likely to encounter. #### 2703(d) Order A 2703(d) order is a court order compelling a provider to disclose transactional records about an account. It requires specific and articulable facts showing the records are relevant to an investigation, which sits above a subpoena’s relevance standard but below a warrant’s probable cause. Processing subpoenas at volume is an operations problem. See how Kodex handles intake, review, and production. Learn more