A subpoena legally obligates a person to respond, but they can appeal it. It orders a person to appear in court or provide evidence. Verify it’s a subpoena and consult an attorney. Failure to comply may result in legal penalties. People can dispute a subpoena for various reasons and should hire an attorney to help.
When someone receives a subpoena, there really is a legal obligation to respond. However, the response need not be compliance with the request or requests mentioned in the document. You can appeal a subpoena in a variety of circumstances. Individuals receiving subpoenas should consult an attorney to discuss the terms of the subpoena and their options.
Also sometimes called a subpoena, a subpoena is a document that orders a person to appear at a court or law firm at a set day and time to testify. This evidence can be in the form of testimony, which can be in a deposition or in court, or it can be physical material such as documents. An ad testiificandum subpoena requires verbal evidence, while a duces tecum subpoena requires physical evidence.
When you get a subpoena, the first thing you should do is verify that it’s really a subpoena, because sometimes dubious legal documents are used to get people to do things they aren’t actually obligated to do. The document should say “subpoena” or “summon” at the top and include information about the issuer, the court, the case and the parties involved. Lawyers and other court officials, including judges and law clerks, all have the power to issue subpoenas. You can call the court issuing officer to ask about the nature of the document, or you can ask a lawyer to examine the document and explain it.
If the subpoena is reasonable, the correct response would be to comply with the terms of the subpoena, by appearing to testify as requested. Failure to comply may result in legal penalties in these cases. People can also dispute a subpoena, however, for reasons such as improper service, undue hardship, or invasions of privacy. People can also challenge these documents if they are issued to the wrong person, which happens from time to time.
If someone intends to dispute a summons, an attorney should be hired to help, and the documents to be filed to contest should be filed as quickly as possible. People shouldn’t have to wait until the day indicated in the summons to contest it. Typically, people contest by filing a motion to quash, which means they or a legal representative will need to appear in court to explain why they don’t want to comply with the subpoena.
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