I Have Been Subpoenaed, Now What?

 In Law

I have been subpoenaed, what do I do now? Receiving a subpoena is generally nothing to fear, but it should be taken seriously. It simply means you have information that is relevant to a court case. It could be personal knowledge or documents. Typically, there is no legal risk to you. All you need to do is honestly share the information that is requested.

Subpoenaed to testify

This occurs when you have personal knowledge applicable to a court case. You may need to testify in a trial or deposition. You will give your testimony at the date, time, and location specified in the subpoena.

Subpoena to produce documents

There are several types of documents that are commonly requested. They include things like business records, account statements, phone records, and medical records. The deadline to produce the documents is specified in the subpoena.

Can I ignore a subpoena?

No you cannot ignore it and could be held in contempt of court if you do. You must also comply with the timeline. If you have a valid reason to avoid the subpoena,, you must still respond to explain your reasoning.

Legitimate reasons to avoid a subpoena

If you have a legal reason to avoid a subpoena, a motion can be filed to quash it. One example of this is known as self-incrimination. You have a constitutional right against self-incrimination, meaning the court cannot require you to answer questions that would implicate you in a crime. Another example is called privilege. This occurs when you are asked to reveal information that is confidential. Some professions have an obligation to keep client information private. Accountants, physicians, and legal professionals have this privilege. The court may still force you to comply, but there are things you can do to keep your professional obligations in tact

What if I need to reschedule?

You may have a scheduling conflict. You can reschedule by contacting the person who issued the subpoena. This is normally a judge, attorney, or prosecutor. It is important to get the rescheduled date in writing.

If you have been subpoenaed and feel you need assistance, we can help you respond and protect your interests. Contact Slaughter Law Firm  today for more information.