Find out what to do and the steps to follow if you’re in this situation.
Understanding legal terms is essential in order to prepare and protect yourself and your loved ones if you are ever involved in a legal matter. A subpoena, in this particular case, is something that few people understand, and therefore, are likely to mismanage when faced with it. So what is a subpoena and what should you do about it?
Cambridge Dictionary explains that the term subpoena “means to order someone to go to a court of law to answer questions, or to order the appearance of documents in a court of law.” A subpoena can be given to anyone who might have helpful information about a legal case, but the most commonly found situations in which a subpoenaed can be used are divorce, child custody, personal injury, and sex offender cases.
Who Can Be Subpoenaed?
A subpoena is typically requested by an attorney and issued by a court clerk, a notary public, or a justice of the peace. Once a subpoena is issued, it may be served on an individual in any of the following ways:
As mentioned above, any person who could have helpful information about a legal cause could be subpoenaed, whether they are involved or as a third party witness. This is why it’s so important to understand what it is, how to handle it and the importance of hiring a professional.
FindLaw.com explains that other examples of subpoenas may include requests for:
What Should I Do If I’m Subpoenaed?
The most important thing to know is that a subpoena should never be ignored. Since this is an order, and not an invitation, ignoring it could result in large fines and even jail time. So what steps should you follow if you’re subpoenaed?
Hire a Lawyer
An attorney will help you understand what is being requested, who is being asked to appear and why.
Gather Necessary Documentation
Once you hire an attorney, he or she will be of great help when gathering all the required documentation. According to FindLaw.com, “subpoena requests for documents and other items are usually very detailed and specific. Also, you should make sure to protect and keep any documents in your possession safe.”
In addition, an attorney will help you take the right steps to request more information to gather these documents if needed.
Can I Object a Subpoena?
Yes, you can object a subpoena demand if there are valid legal reasons to do so. However, having an attorney will be vital to succeed, as you will need legal guidance determining whether you are actually in the right to object.
Keep in mind that ignoring a subpoena is not a way to objecting it. As mentioned before, this could have highly negative consequences. Click here to learn more about objecting a subpoena.
Have you been subpoenaed or are you dealing with a legal situation? Contact us today and let us help you with the best attorney for your unique situation.