Served With a Subpoenas
By definition, a subpoena is a document that requests the attendance of a witness (or specific documents) at a trial, hearing, or deposition. Subpoenas are served to parties and non-parties in a criminal case or lawsuit.
There are two main categories of subpoenas: trial subpoenas and deposition subpoenas. A deposition subpoena is when a witness has to give testimony and/or produce documents at a deposition.
Subpoenas require different things based on the scenario. Subpoenas require either: attendance, production of documents or both attendance and production of documents. Those who are required to attend must testify at a certain time and place. Those who need to produce documents/records must do so also at a specific time and place.
In California, any resident can be subpoenaed. If an organization is being subpoenaed the most qualified person is required to testify.
It is important to remember that a subpoena cannot require a person to CREATE a document prior to the time stated for compliance.
An attorney has the right to reject a subpoena for reasons such as: restrictions under privacy laws. Thus, it is paramount that if you ever receive a subpoena to discuss with legal counsel who can help you navigate civil ligation. Because you must adhere to certain laws regarding subpoenas, lawyers can make sure you are properly complying. If you have to participate in a deposition, it is important to have your attorney present to ensure your rights are protected.