What is a key difference between a notice to produce and a subpoena?

The distinction regarding a notice to produce not being filed with the court is important because it highlights how each tool operates in the context of civil procedure. A notice to produce is typically served directly between parties involved in litigation and is a request for the production of documents relevant to a case. Since it is an informal means of obtaining documents, it does not require court involvement or filing.

On the other hand, a subpoena is a more formal legal document that commands a person to appear and testify or to produce documents in court. This means that a subpoena is filed with the court before it is issued, indicating its judicial nature. The procedural differences reflect the varying levels of formality and authority associated with each tool in accessing evidence. In summary, while both aim to facilitate the collection of evidence, the fact that a notice to produce does not involve filing with the court is a key distinguishing characteristic.