A subpoena is a legal document ordering someone to appear in court or produce documents. Ignoring a subpoena can result in fines or jail time. However, a recipient may file a motion to quash if there is a legal reason not to comply. Reasons include lack of jurisdiction, confidentiality issues, improper service, or loss of possession of requested records. A motion to set aside can be filed if there is a compelling reason not to comply.
A subpoena is a legal document issued by, or on behalf of, a court ordering the recipient to appear before the court and/or produce documents believed to be in the recipient’s possession. Complying with a subpoena, or complying with a subpoena, is legally required in the absence of a legal reason not to comply. Ignoring a subpoena can result in hefty fines or even jail time for contempt of court. A recipient may, however, be able to avoid complying with the subpoena by filing a motion to quash if they believe there is a legal reason not to comply with the subpoena.
While a subpoena is a legal document with the legal force of a court of law, in many jurisdictions a lawyer has the authority to issue a subpoena as an officer of the court. As a result, while attorneys are required to uphold and comply with the laws of the jurisdiction in which the subpoena was issued, there may still be a legal reason why the recipient may avoid complying with the subpoena. Common reasons include: lack of jurisdiction; confidentiality issues; improper service of the subpoena; or destruction, loss or lack of possession of the requested records.
In some cases, a court may not have jurisdiction over the recipient of the subpoena. In legal terms, this is known as a lack of personal jurisdiction. Often, if the addressee of the subpoena is in another state, compliance with the subpoena may not be required because the court lacks jurisdiction. A subpoena must also be served on the recipient by an approved service method or process. Improper execution of the process may be another reason a recipient is not legally obligated to comply with the subpoena.
Even when a subpoena is properly served and the court has jurisdiction over the recipient, there may still be legal reasons why compliance is not required. If the requested documents are protected by a patient-client, clergy-parson, or attorney-client privilege, compliance with the subpoena will not be required. Furthermore, if the requested documents have been lost or stolen, or are voluminous to the point of being burdensome, the recipient may be dispensed with compliance.
If a recipient of a subpoena believes they have a compelling reason not to comply with the subpoena, a motion to set aside should be filed in the court stating the reasons. Ignoring a subpoena or failing to comply without prior court approval can have serious consequences. A subpoena recipient who ignores a subpoena can incur fines, attorney fees, and could even be charged with contempt of court and jailed.
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