In the course of running his business, Louis regularly dealt with disagreements. Some were easy to settle, while others turned into business litigation. Sometimes he served as a witness for other parties in their own lawsuits. In one such case, Louis received a subpoena to appear at trial. He wondered how to handle the subpoena – should he appear at the trial or just throw it away? Mishandling any legal document could lead to some serious consequences.
Subpoena Basics
A clerk of the court, the court itself, or an attorney can issue a subpoena. Essentially, the subpoena is a written order compelling someone to give testimony at a hearing, trial, deposition, or Congressional proceeding.
State and federal rules govern when subpoenas can be issued. For example, you might be given 72 hours’ notice` to appear at a hearing. This notice gives you time to consider the implications of the subpoena and, hopefully, talk to an attorney.
Different Subpoenas for Different Events
There are several types of subpoena that you might receive, including:
- Subpoena for hearing or trial. This order requires you to appear at a hearing or trial to give testimony.
- Subpoena duces tecum for hearing or trial. If you receive this, you are expected to provide testimony and
- Subpoena for deposition. At depositions, one party calls one someone to answer questions under oath. The party scheduling the deposition typically sends the deposition witness a subpoena. In fact, sometimes they send a subpoena duces tecum that requires the witness to bring documents to the deposition.
When you receive such an order, it’s crucial to read it carefully. You need to understand what action is expected of you. Also, you will need to pay close attention to dates, times, and document requests.
As with other legal documents, you should discuss subpoenas with your attorney as soon as possible. There are penalties if you don’t comply with any court order. You also need to know if there are any limits on your testimony. For example, the other party might only be allowed to ask about certain subjects. That’s another reason it’s so important to talk with your attorney before giving testimony or providing documents.
Consequences for Ignoring a Subpoena
A subpoena is technically a court order – and you usually must obey court orders. If you don’t, you could be found in contempt of court.
As such, you could be fined or even jailed for a couple of days.
Potential Defenses to Subpoenas
Remember that subpoenas must be served according to the rules of court. If you were not properly served, you might be able to challenge it.
Also, some subpoenas seek information that might be irrelevant to the case at hand or proprietary business information. Your attorney can help you recognize and address situations like this. It’s also possible that it’s difficult or impossible for you to appear at the date and time listed on the subpoena. You might be able to reschedule.
Have You Received a Subpoena?
Business owners could be served with orders to appear or produce documents on behalf of their company. However, sometimes it is possible to resist a subpoena or at least restrict access to your documents. We can discuss your options with you.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.