Why Do I Need a Lawyer’s Help If I’m Served a Subpoena?
Subpoenas are legal documents that require a response. You may get one because you or your business is being sued, you’re suing someone else, a government agency is investigating you, or you may be a witness to something. How you respond can shape your rights later in the process. Don’t ignore a subpoena because that can come back and bite you.
What is a Subpoena?
A subpoena is an order requiring a person or an organization to provide documents or testimony. Lawyers can issue subpoenas to compel people to appear in court, at a deposition (as part of a civil case, witnesses are questioned by attorneys under oath), or at a government or legislative hearing. A subpoena can also require their custodian’s production of documents, information, or other tangible things. This can include emails, text messages, data, documents, and information stored electronically.
Subpoenas for document production must identify the:
- Person responsible for them
- The business or organization with the documents
- Documents to be produced
- Need for the document or item
Subpoenas are commonly used, but that doesn’t mean they can’t give you trouble.
What Should I Do If They Want Documents?
You should appear at the time and place listed (usually an attorney’s office). If there are practical problems with compliance, reasonably rescheduling the production shouldn’t be a problem if you contact the attorney ahead of time.
You may receive the subpoena in person or through the mail. It shouldn’t come as a surprise because you or your company may be involved in a dispute, or the attorney may have contacted you and asked for the material. You may have refused because you didn’t want to cooperate, or if the dispute involves a third party, you may want to appear uncooperative. If that party asks you about it, you can shrug your shoulders and say you had to cooperate. You got a subpoena!
What Should I Do If They Want Me to Testify?
If the subpoena is for you to testify in some matter, it must name you and the time, date, and place where you’re supposed to speak. You should be given enough notice to be there without significantly disrupting your schedule, but that’s not necessary. For the production of documents, if getting there at the time and date is a problem, contact the attorney and try to reschedule it. You should be personally served (or handed) the subpoena for it to be legally binding. If the attorney has no proof you have it, it’s unenforceable.
A Superior Court judge can enforce a subpoena with a contempt order if you ignore it. You’re much better off addressing the underlying issue of the subpoena than dealing with a contempt proceeding in court.
Why Should I Get an Attorney Involved?
Call our office if you get a subpoena and don’t understand what’s going on. You shouldn’t just hand over whatever is listed on the document, especially if you own a business. The party may have no right to see it, its confidentiality may be important to your company, and it may not be relevant to the dispute. They may be entitled to some, but not all, of what’s requested. What you produce should be reviewed by legal counsel to ensure it responds to the subpoena and to determine if you can justify not releasing it.
You also shouldn’t just show up and talk about whatever the attorney wants to discuss. You need to have first-hand knowledge of some relevant matter and be prepared because you’ll be under oath and subject to perjury charges if you lie. If you don’t, you shouldn’t be there. You may be asked questions whose answers may result in civil liability or a criminal investigation for you or your business. If you’re a party to litigation or a third party whose rights may be affected by what you might say, you need legal representation to protect your rights.
We’re Here to Help
If you have any questions or concerns about subpoenas or want legal representation because of one, call Anthony Burton at (949) 244-4207 or complete our online contact form today.
