If someone is subpoenaed, do they have to actually say anything?

No. If you're a defendant, you have the right to refuse to testify in your own defence, but you must appear in court (if able-bodied). If you're a witness, you can refuse to testify if doing so will force you to incriminate yourself. If your testimony won't incriminate you, however, and you are not the defendant, you must testify and do so honestly (except under special circumstance, in which case you'd file a motion explaining why you cannot testify).

If you're a witness, tell the judge that you're choosing to exercise your 5th amendment rights when you're brought up to the stand. If you're the defendant, tell your lawyer that you don't want to testify. The prosecutor can't call you to the stand if you're the defendant. Your lawyer can call you, but will only do so if you request that he do so. No one can force you to testify in your own defence; they also cannot prevent you from testifying in your defence if you wish to do so.

The only things you have to do if you're a defendant: Enter a plea, usually through your lawyer, and make sure you appear in court on the date(s) of the hearing(s) or trial.

You never suggested what state you're in (nor the county), so it is impossible to furnish you a extra precise answer. In Massachusetts: under Massachusetts regulation, the medical documents of a affected person held by a DPH -approved wellbeing midsection or hospital are very own. even in spite of the undeniable fact that, G.L. c. 111, § 70 facilitates this type of wellbeing midsection or hospital to launch medical documents pursuant to a subpoena if the documents sought are of a party named interior the underlying proceeding, as shown by the case caption performing on the subpoena. The privateness standards, against this, enable disclosure of risk-free wellbeing techniques pursuant to a subpoena in basic terms after added steps are taken. The extra protective provisions of the privateness standards must be accompanied. subsequently, if a affected person is a party to the proceeding as shown by the case caption performing on the subpoena, hospitals and clinics now ought to, until now liberating the techniques, obtain "passable assurances" from the guy in seek of the techniques that such individual has made "smart efforts" to furnish the two be conscious to the affected person or to obtain a qualified protective order. the 2nd weblink is stable for techniques with regards approximately an low priced thank you to get tips in making beneficial the subpoena is in compliance with Massachusetts regulation.

You have to say SOMETHING, even if it's only to say that you are exercising your 5th Amendment right to avoid self-incrimination, but if you remain stone-cold silent, yes, they will hold you in contempt of court.

Why not just keep saying things like "I don't remember" or "I can't recall" and stuff like that. Hey, it worked for G.W. Bush's Attorney General, Alberto Gonzales (see link, below), so it can work for you, too!

Good luck!... ☺

I plead the fifth