MCOLES State Licensing Practice Exam

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What is the primary difference between a summons and a subpoena?

A summons invites you to court
A subpoena requires you to appear in court
Both require the presence of a lawyer
Both can be ignored if one wishes

The correct answer is: A summons invites you to court

The primary difference between a summons and a subpoena lies in their legal implications regarding attendance in court. A summons is a formal document that typically notifies an individual that they are being called to court, often in a civil matter, and it serves as an invitation to participate in a legal proceeding. It generally informs the recipient that they need to respond or appear, but it may not carry the same level of compulsion as a subpoena. On the other hand, a subpoena is a more powerful legal document that commands an individual to appear in court or produce certain documents or evidence. A subpoena indicates that the person is legally required to comply, and failure to do so can result in legal consequences, such as contempt of court. Due to these distinctions, the characterization of a summons as merely inviting someone to court underscores its more voluntary nature compared to the binding requirement of a subpoena.