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If a mental health agency counselor receives a subpoena for a client's counseling records, he or she should approach their supervisor to get legal advice on whether the records should be copied for the attorney who issued the subpoena.

What is a subpoena?

A subpoena, also known as a witness summons, is a writ issued by a government body, most frequently a court, to force the production of evidence or the testimony of a witness with a penalty for noncompliance.

A subpoena is a legal instrument that orders a person or organization to testify as a witness in a legal procedure at a particular time and location (during a deposition, trial, or other hearing), as well as to produce documents or other tangible objects. Time constraints set by the court apply to subpoenas.

A subpoena is a summons from the court to appear. The court will hold you in contempt if you disregard the directive. If you disobey the Subpoena, you risk being arrested or paying a large punishment. Both criminal and civil proceedings require subpoenas.

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