Subpoena Lawyers

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What Is a Subpoena?

A subpoena is a court order used to compel a non-party witness to appear at a trial, hearing, or deposition to testify or produce documents or things.

What Are the Different Types of Subpoenas?

There are two types of subpoenas: a deposition subpoena and a trial subpoena.

A deposition subpoena is used to:

A trial subpoena is used to:

How to Get a Subpoena

The clerk of the court where the case is pending may issue a subpoena on a blank, fillable form, already signed by the court and containing the court seal. Attorneys may issue subpoenas using the mandatory, fillable forms without the clerk’s signature or court seal. 

If the witness lives in another state, you must obtain a subpoena from a court where the witness lives or have a subpoena issued by an attorney licensed to practice law in that state.

Special notice and timing procedures may apply in your state if the subpoena seeks the production of personal records of a consumer or employee.

Challenging a Subpoena

Either the nonparty witness who has been subpoenaed, an interested person, or any party to the action, may challenge a subpoena.

A subpoena may be challenged because:

To challenge a subpoena, you may:

Enforcing a Subpoena

A subpoena may be enforced by:

What Are the Consequences for Not Responding to a Subpoena?

If you do not comply with a subpoena or do not timely respond, you may be subject to penalties, including:

Do I Need an Attorney If I Am Served with a Subpoena?

If you have been subpoenaed or need to subpoena someone, it is highly recommended that you contact an attorney immediately because they will be able to explain the situation and advise you of your rights and the proper procedures to follow.

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Last Modified: 07-11-2014 02:26 PM PDT

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