Posted by: Apr 22, 2020

What to Do When You're Served a Subpoena

Being served a subpoena is ordinarily nothing to panic about.

Businesses, professionals, and other individuals oftentimes have data that is pertinent to a lawsuit, whether it be documents or personal knowledge.

In most cases, getting served a subpoena does not pose a legal take chances to you. You just need to openly and honestly share the information you have.

Nevertheless, a subpoena is something to take seriously. You tin can't but ignore it, and you need to comply with the timelines it sets. It is as well important to recall that documents you produce and things y'all say can exist used against you later.

If you have whatever concerns almost how you or your business may be affected by a subpoena, consult with an experienced business attorney. An attorney can review your documents or discuss your testimony with you. They tin help y'all protect your rights while ensuring that you comply with the law.

What Do I Have to Practise If I Have Been Subpoenaed?

When beingness served with a subpoena, you will probable receive a request for testimony, a request for production of documents, or both.

I've Been Subpoenaed to Prove

If you lot take knowledge of information relating to a lawsuit, you lot may be subpoenaed to bear witness. This may involve testifying in a deposition, at trial, or both.

The amendment will specify the fourth dimension and place you have to announced to give testimony.

I've Been Subpoenaed to Produce Documents

Subpoenas to produce documents are more common than subpoenas to testify. Many different types of documents may exist relevant to a lawsuit, such as:

  • Account statements,
  • Concern records,
  • Medical records,
  • Notes,
  • Phone records, and
  • Emails.

The subpoena volition specify the borderline by which you should provide the documents.

Yous can ask the individual requesting the documents to reimburse you for whatsoever costs (for case, the toll of copying).

How to Protect Your Interests Afterwards Getting Served a Amendment

Don't ever think y'all can just ignore a amendment. Fifty-fifty if you have a legitimate reason to avoid the amendment, you demand to respond and explain your position. If you ignore the subpoena, you can exist held in contempt of courtroom.

This does not mean that you don't have recourse if yous are concerned about complying with a subpoena. If there is a legal reason that would let you to avoid testifying or providing documents, you lot can file a move to quash the subpoena.

An attorney can assist you identify whatever risks you may face and help yous address any conflicts y'all may accept.

Self-Incrimination

Every person has a constitutional right against self-incrimination. This means that the court can't require yous to answer questions if the answer might implicate yous in a offense.

For instance, if a business manager is called as a witness regarding illegal business practices and the manager participated in those practices, they cannot be forced to testify virtually their interest.

Privilege

Another reason you might be concerned nigh testifying is if it would require y'all to reveal confidential information about a customer. For example, a subpoena may ask a physician to release medical records when their customer has non given permission to practice so.

A court may still gild you to comply, but in that location are steps you tin can take to protect yourself from violating your professional person obligations.

Scheduling Conflicts

If you have a conflict with the date or fourth dimension in the subpoena, you tin contact whoever issued information technology—more often than not a guess, prosecutor, or attorney—and arrange to reschedule. If an attorney won't cooperate with you lot, you may want to involve your own attorney to seek the courtroom's help.

Be sure to get any rescheduled engagement in writing. Particularly if you have been chosen to evidence at trial, don't presume that the court volition postpone the trial for your testimony. Don't ignore the courtroom date unless yous are sure the court has granted a constancy.

The Curley Police House Can Assist You Respond to a Amendment

A skilled Houston business attorney can help professionals and businesses comply with subpoenas and protect their interests. The Curley Police Firm has years of legal experience and can help you lot through the procedure of responding to a subpoena. Call or contact us online today to learn more virtually how we can help.