Do I need a lawyer for subpoena – What is Subpoena? A subpoena notifies a person that he or she must appear in court at a certain location, date and time in order to provide testimony as a witness. Generally, subpoena is issued to secure your testimony in court and not for out of court purposes, but there are some exceptions. Additionally, a subpoena may direct you to provide certain documents to the court.
And yeah it is better off that you get a lawyer who represents you and your interests in front of court, the reason being although it may technically be possible to get a subpoena without a lawyer, doing so carries with it certain risks. For examples, if the proper person is not named, the party may not receive the documents that he or she is requesting. The subpoena must be listed in the person’s name who actually has the records. If you want to know more information then you can contact business lawyer near me.
Do I Need A Lawyer For Subpoena – Need to know
An individual who is served with the subpoena mat hire his or her own attorney. Though a motion to squash, the individual may be able to avoid having to appear in court or provide documents if the subpoena was not processed or served correctly or if the individual has another legitimate reason.
How to deal with Subpoena
Don’t ignore it – So what should you do when you get the subpoena, the first step should be obvious. Don’t ignore it. A subpoena is not going to go away if you ignore it, and you could be fined or held in contempt of court if you don’t respond.
Determine the Expectations
The next step is to figure out how you should respond and you will have to figure out what types of subpoena have you received. There are several kinds of subpoena’s to which you could be called – Testify at a deposition, appear at a hearing or trial and to produce documents. It could be from state court or it could be from the federal court. Every subpoena will instruct you on what you are expected to do and when.
Call your Attorney
Many a times complying with subpoena is an easy as showing up to lawyers office and answering a few questions. But sometime it’s not so easy, which is why reaching out your attorney as soon as you receive subpoena is a vital step. A lawyer can help you figure out what your obligations are as well as work to protect you and whatever information you may have.
Involving your attorney early can help you limit the scope of the subpoena, or even make it go away. Complying with subpoena to produce documents, especially if the documents are confidential or privileged or to testify at a trial might be expensive or burdensome to your business and professional life. Your lawyer can negotiate on your behalf to reduce the burden.
For example they could negotiate a different time for your testimony or narrow the scope of documents you need to produce. Your lawyer can review requested documents beforehand and help you decide what needs to be produced and what you can withhold. And if necessary, your lawyer can request a protective order or squash the subpoena altogether.
Whenever a protective order or a motion to squash is necessary is something you should discuss with your attorney. This is necessary if you are asked to produce documents that are confidential and privileged under state or federal law. For example, medical providers are often subpoenaed to produce patient medical records. Whether you must produce those records or redact information is a complicated question that your attorney can help you answer. These issues can be tricky, and you should always consult a lawyer if you are asked to turn over medical files, certain types of employee records, and other privileged material.
Privileged information
One reason why a person may not wish to provide testimony at a deposition or during a hearing is if the information is considered privileged. There are variety of privileges that may apply in any given case and different privileges are recognized in different states. Additionally, certain privileges may only be available in criminal context.
One such privilege that may apply is attorney – client privilege. This privilege prevents communications between lawyer and his or her client from being publicly revealed. Another privilege may exist in the form of marital communications. There are also privileges recognized by various jurisdictions, including communication between accountants and clients.
Fifth Amendment Privilege
Another potential reason for a person to no provide testimony is because of the threat of self – incrimination. A witness can ask not be required to testify due to the possibility of incriminating himself or herself in a civil or criminal case. A witness may not be aware of the potential of self – incrimination until the questions head in that direction. Usually, a witness can assert this right at any time during the testimony.
Procedural flaws
Another objection that may arise is if the subpoena is procedurally flawed. For example, a subpoena may be required to be served on a witness in person rather than through mail. Additionally, many jurisdictions charge witness fees and mileage costs. If the subpoena is unaccompanied by the requisite fee, the subpoena may be flawed.
Timing is another potential issue. For example, a subpoena that is issued after the official timeline for discovery has terminated may not be validated by the court if the information could have been produced during discovery, the witness must be given the subpoena within the time limit provided by the law. While some states allow a subpoena to require a witness to testify anywhere within the same state, some have a rule that prohibits issuing a subpoena on a person that would require him or her to travel more than 100 miles.
Presentation if Objections
An attorney may help present a series of written objections to subpoena, This is often in the form of a motion to squash or to modify the subpoena. It must be timely, which is within 14 days or submitted before the date of compliance in accordance with the state law.
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