In business, it’s not uncommon for an owner to be served with a business lawsuit subpoena. Business relationships can be complex, and there are numerous reasons why an owner could be served with this type of document. If you have been served, it’s important that you understand the request and what to do. I have received a business lawsuit subpoena: How do I respond?
What is a Business Lawsuit Subpoena?
A subpoena is a type of formal request that someone can send to another in connection with a legal matter. These documents are used to procure evidence and help ensure that witnesses appear for events such as hearings, trials, and depositions.
There are different types of subpoenas. For example, some business lawsuit subpoenas require the recipient to come to a court proceeding or deposition to provide testimony. Others are issued to get someone to produce documents, photographs, and other physical evidence. For example, a subpoena could require a recipient to testify and bring evidence with them.
What do I do if I Receive a Business Lawsuit Subpoena?
If you or someone affiliated with your business receives a subpoena, it’s important to know that these documents are used in connection with legal action. Consequently, there could be consequences for failing to respond properly to the request. Therefore, you should read the request carefully and note if it requires that you appear to testify, bring documents, or both. In addition, there should be a compliance date indicated somewhere in the document.
Once you have reviewed the business lawsuit subpoena and noted the details, you should contact an experienced business law attorney. Your business law lawyer can assess the document with you and help you understand what is being required.
In addition, it’s essential to know that subpoenas must be prepared according to certain rules. They are also limited in what they can request. Your advocate can help you determine if the subpoena has been properly prepared and is requesting relevant information in a reasonable manner. Further, if the request does not work for your schedule, your attorney can contact the requesting party to reschedule for a better time.
Once you and your business lawyer have reviewed and discussed the subpoena, you will then want to prepare to respond. If the request is for you to appear and testify at a deposition or hearing, you will want to review the matter and your potential testimony with your counsel. If the subpoena requests documents, your attorney can help you gather and review the materials. You may be asked to testify while being asked questions about the documents. Again, your attorney can help you prepare for this type of questioning.
After you and your business law attorney have reviewed the subpoena and prepared for your response, you will then attend the deposition or hearing and provide the requested documents or both. Your lawyer can represent you and your interests throughout the process.
Receiving a business lawsuit subpoena can be intimidating, especially if you are unfamiliar with the process. The good news is that you and your business lawyer can review the request and determine how to best respond. In addition, your counsel will be there to help you prepare and to protect your interest at every stage of the process.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, 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.