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What should I do if I receive a summons or subpoena?

Last updated: 2026-07-12 ยท Educational content; not legal advice.

Short answer

Do not ignore it. A summons (Rule 14, Rules of Court) tells you a case has been filed against you and that you must respond within a set period โ€” for an ordinary civil case you file an Answer, and for a small claims case you file a verified Response within 10 days of receiving the summons. A subpoena (Rule 21) orders you to appear and testify (subpoena ad testificandum) or to bring documents (subpoena duces tecum). Note the deadline the moment you receive it, keep the envelope and papers, and act within the period โ€” failing to answer a summons can lead to a default judgment against you.

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Frequently asked

What happens if I ignore a summons?

The court may declare you in default and decide the case based only on the plaintiff's evidence, which usually means you lose without being heard. Always respond within the period stated in the summons.

How long do I have to respond in a small claims case?

Under the 2022 Rules on Expedited Procedures, a small claims defendant files a verified Response (using the prescribed form) within 10 days from receipt of the summons. Attach your evidence to the Response.

Can I be forced to attend if I get a subpoena?

Yes. A subpoena is a court/quasi-judicial order; disregarding a valid subpoena can be treated as indirect contempt. If it is oppressive or improper, you may move to quash it rather than simply ignore it.

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