Question: Do I Have To Respond To A Subpoena?

Can you refuse a subpoena?

You cannot “refuse to accept” a subpoena.

The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her face..

How do you respond to a subpoena?

Determine How to Respond to, or Challenge, the Third-Party SubpoenaComply with the subpoena and provide the requested documents. … Object to the subpoena. … Move to quash the subpoena. … Contact the party that served the subpoena to attempt to resolve the requests informally. … Contact the adverse party.

What happens if you ignore a subpoena in a civil case?

If you do not comply with a subpoena, a court may issue a warrant for your arrest, and order you to pay any costs caused by your non-compliance. A court may also find you guilty of contempt of court.

Can a subpoena be taped to your door?

A: It is normal for a subpoena to be taped to your door, this is called posted service. A subpoena, if prepared by a proper officer and served properly functions as a court order. If responding is merely inconvenient, then there is little an attorney can do for help.

How long do you have to answer a subpoena?

For a subpoena duces tecum in a criminal action, the response must be provided five (5) days after receipt of the subpoena or within the time agreed upon by the party serving the subpoena and the custodian of records or witness.

What happens if you don’t respond to a subpoena?

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. … In such cases, the outcome is more likely to be an order to produce, coupled with an award of attorneys’ fees to the party that had to initiate the contempt proceedings.

Do subpoenas have to be served in person?

Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a “reasonable time” in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

What is the punishment for ignoring a subpoena?

The criminal offense of contempt of Congress sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000 or less than $100.

How can I get out of a subpoena?

You can get out of a court subpoena by filing a motion to quash the subpoena with the court. To file the motion, however, you must have a very good reason that will convince the court that you should not have to appear and testify.

What are your rights when subpoenaed?

If a subpoena requires that a person produce certain documents or other items, they are legally required to do that as well. Failure to comply with a subpoena is a criminal matter. … If you have been subpoenaed as a witness, you may request a postponement of appearance.

What happens if you never get served?

If you have not been properly served, and you don’t show up, the court has no personal jurisdiction over you, and can’t enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.

How much does it cost to quash a subpoena?

If you want to take the risk, save the money you would have spent on a motion to quash (lawyers often charge from $2,000 to more than $3,000) and instead use it to settle the case if: a) you are served a summons and complaint, or b) you are actually targeted in an individual lawsuit against you.