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Your immediate reaction may be shock and a desire to immediately obey its request. As with anything legal, it's best not to act on impulse but to carefully consider the options before you.
While you will likely need to comply, there are times when a court will agree to modify the subpoena's request or even to terminate it entirely.
This guide cannot give you legal advice about your situation and you should contact a lawyer for specific legal advice.
However, this section should be able to answer the preliminary questions you may have about how best to respond. What is a subpoena? A subpoena is a legal order commanding the person or organization named in the subpoena to give sworn testimony at a specified time and place about a matter concerned in an investigation or a legal proceeding, such as a trial.
A subpoena duces tecum substitutes the requirement of your appearance to testify with a requirement that you supply specific physical material in your possession. A deposition subpoena means that your sworn testimony will be taken during a phase of the trial process known as discovery, and will likely occur at a lawyer's office.
Subpoenas may be issued by the following people involved in the legal case associated with the subpoena: Failure to comply with a subpoena can have serious consequences.
However, you do have certain options in how best to respond.
Did you receive a subpoena? You'll first want to determine precisely what you've received. In some instances, law enforcement authorities will use a search warrant, rather than a subpoena duces tecum, to access material in your possession.
If you have been served with a search warrant, you cannot interfere with the search. You should call a lawyer immediately, note the scope of the search, watch and document where the authorities performed their search, and keep a record of any items seized.
Subpoenas come in several flavors, and you may need someone trained in the law to help you determine what type of legal document you've received.
However, a subpoena contains certain distinguishing characteristics. Look carefully at the document for: Subpoenas are not necessarily filed with the court, so if you have doubts about the document you've received, ask a lawyer or call the person who signed the document and ask if they have in fact sent a subpoena.
An address and or telephone number should follow the signature. If none of the above characteristics match your document, refer to our sections on Responding to Correspondence Threatening Legal Actionand Responding to Lawsuits for help figuring out what you've received.
Accepting a Subpoena vs. Complying with a Subpoena Once you've determined that you have received a subpoena, you may feel that you want to contest the subpoena because you believe that it is invalid or unreasonable.
You can still do so despite having received the subpoena which in most cases arrived by registered mail, or by a person delivering it to you and requesting your signature. Acceptance of the subpoena does not constitute your assent to comply with it.
However, if you object to the terms of the subpoena, then you must inform the court about your decision to challenge it. The costs and fees are set according to the rules of the court named in the subpoena. Generally, in a civil case you should receive the cash or check before you have to appear.
After you testify in a criminal case, you should receive an attendance fee and travel reimbursement. If appearing at the time and place specified by the subpoena is of great inconvenience, call the person who issued the subpoena, and he may be able to reschedule your appearance to a more convenient date.
However, keep in mind that postponement may not be an option because a court date has been set for the trial and cannot be moved. If so, and if you would suffer extreme hardship from having to appear, consult a lawyer who may be able to help.
Filing an Objection to a Subpoena The subpoena will require that you either appear, or produce documents or other material, at a specific time and location.
If you want to inform the court of your objections you will need to file a Motion to Quash. Typically, a Motion to Quash contains a request to the court asking to modify or terminate the subpoena based on certain objections, and a memorandum explaining how the law supports the objections.
You should not wait until the date specified to make your objection known to the court. There are many valid reasons to object, the most common being: Improper service The law requires that you receive were "served" with the subpoena in a specified way.
Requirements for service vary according to jurisdiction, and the subject is too complicated to address in this guide.
You may want to consult with an attorney or perform your own legal research to understand whether service was proper.WASHINGTON, United States (AFP) Presidential lawyer Rudy Giuliani said Sunday that Donald Trump would not be required to comply with a potential subpoena from the special counsel investigating.
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Guidelines for Psychologists Who Receive a Subpoena for Their Records Jack S. Annon. ABSTRACT: At some time, psychologists are likely to receive a subpoena requesting their records on one of their clients.
HOW TO REQUEST A SUBPOENA OR SUBPOENA DUCES TECUM All requests must be in writing – fax and email are acceptable. It is best to have the name of a specific person, but if you do not know the person’s name who is in possession or in control of the documents or materials you are requesting, we.
Bouvier's Law Dictionary Edition. S. SABBATH. The same as Sunday. (q. v.) SABINIANS. A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name. Taxicab Depressions is a taxi driver's blog, a collection of funny stories about the obnoxious drunks and belligerent whores that get into my taxi in a Florida beach town.