Q&A

Can a person refuse to comply with a subpoena?

Can a person refuse to comply with a subpoena?

A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested.

Can a subpoena command a person to appear at a trial?

A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A)within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B)within the state where the person resides, is employed, or regularly transacts business in person, if the person

What does it mean to be subpoenaed in a deposition?

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: the judge presiding over the legal proceedings

Do you need to file a motion to quash a subpoena?

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.

Can a expert witness be subpoenaed for documents?

The law shows no preference between subpoenas for documents and subpoenas for testimony itself. As such, both types of subpoenas should be viewed with a healthy level of respect. Should an expert receive either type of subpoena, a call to the attorney they are working with is an excellent next step.

What to do if you get a subpoena from a court?

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 .

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.

What is subp-002 civil subpoena for personal appearance?

SUBP-002 CIVIL SUBPOENA (DUCES TECUM) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION Author Judicial Council of California