I Was Served With A Subpoena, Can I Ignore It?

The sight of someone handing you legal documents can be unsettling. Whether it’s a crisp envelope delivered in person or one that arrives unexpectedly in the mail, the word “subpoena” often evokes a sense of dread and confusion. One of the first thoughts that might cross your mind is: “Can I just ignore this and hope it goes away?”

If that thought has ever entered your head, it’s crucial to understand right now: ignoring a subpoena is almost always a bad idea with potentially serious legal consequences.

Let’s break down what a subpoena is, why you might have received one, and, most importantly, why disregarding it is a path you should avoid at all costs. As a service dedicated to ensuring the smooth and legal delivery of important documents, including subpoenas, we at LawServePro want to arm you with the knowledge you need to respond appropriately.

What Exactly is a Subpoena?

A subpoena is a formal, legal order issued by a court or an authorized body that compels you to take a specific action. Think of it as a powerful tool within the legal system to ensure that all relevant information is brought to light in a case.

There are generally these types of subpoenas you might come across:

Subpoena ad testificandum:This type of subpoena requires you to appear in court, at a deposition (an out-of-court question and answer session under oath), or before another legal authority to give testimony as a witness. You are being called upon to share your knowledge about a particular case.

Subpoena duces tecum:This Latin phrase translates to “subpoena for production of evidence.” This type of subpoena requires you to produce specific documents, records, or other tangible evidence relevant to a legal proceeding. This could include anything from financial statements and emails to medical records and photographs. Sometimes, this type of subpoena might also require you to appear and potentially testify while producing the documents.

Deposition Subpoena:This is often issued before a trial begins as part of the discovery process. It can require someone not directly involved in a lawsuit to provide copies of business records or appear at a deposition to answer questions under oath.

Why Were You Served with a Subpoena?

Subpoenas are crucial for the fair and efficient administration of justice. They allow parties in a legal case whether it is a criminal matter, a civil dispute, or even an administrative hearing to gather the necessary evidence and testimony to support their claims or defenses. You might receive a subpoena for various reasons, even if you aren’t directly involved in the lawsuit yourself:

Witness to an Event:If you witnessed an event relevant to a criminal or civil case, you might be subpoenaed to testify about what you saw or heard.

Possession of Relevant Documents:If you or your organization possess records or documents that are considered necessary to a legal case, you could be served with a subpoena to produce those materials.

Knowledge of Agreements or Practices:In civil cases, especially those involving contracts or business dealings, individuals with knowledge of the agreements or standard practices might be subpoenaed to provide testimony.

Inquest or Investigation:To gather factual evidence, subpoenas can also be issued during inquest proceedings, such as when someone dies under suspicious circumstances. Similarly, regulatory bodies might issue subpoenas as part of an investigation.

Professional Conduct Hearings:If there are allegations of professional misconduct, a subpoena might be issued to compel testimony or the production of records related to those allegations.

It’s important to understand that receiving a subpoena doesn’t necessarily mean you are in trouble or being accused of anything. Often, it simply means you have information or evidence deemed relevant to a legal matter.

The Perils of Ignoring a Subpoena: Why You Absolutely Shouldn’t

Now, let’s address the crucial question: can you ignore a subpoena? The answer, unequivocally, is no, you should not ignore a subpoena. Doing so can lead to serious legal repercussions, as it’s considered a disregard for the court’s authority and the legal system as a whole.

Here are some of the potential penalties for ignoring a subpoena:

Contempt of Court:Failing to respond to a properly served subpoena is generally considered contempt of court, a serious offense. This means you have disobeyed a lawful order of the court.

Fines:The court has the authority to impose financial penalties for contempt of court due to ignoring a subpoena. These fines can be substantial. Under federal law, fines can reach up to $1,000.

Jail Time:In more severe cases of non-compliance, the court can even impose jail time. Federal law allows for jail time not exceeding six months for contempt of court.

Bench Warrant:If you fail to appear for testimony as required by a subpoena, the court may issue a bench warrant (also sometimes called a capias) for your arrest to compel your appearance.

Adverse Inferences:If you fail to produce documents requested by a subpoena duces tecum, the court may draw negative conclusions (adverse inferences) against your interests in the case. This can significantly harm your position if you are a party to the lawsuit.

Awarding of Attorney’s Fees and Costs:The party who issued the Subpoena may be able to seek a court order requiring you to pay their attorney’s fees and costs incurred in trying to enforce the subpoena due to your non-compliance.

Escalation of the Situation:Ignoring a subpoena for documents might lead to the requesting party seeking a subpoena for your personal appearance in court or at a deposition, further complicating the situation.

Even if you believe you don’t have the requested information or that the subpoena is somehow improper, simply ignoring it is the wrong approach. You still have an obligation to respond in some way.

What Should You Do If You’ve Been Served with a Subpoena?

Instead of panicking or considering ignoring the subpoena, here are the steps you should take immediately:

Read the Subpoena Carefully:Understand exactly what the subpoena is asking you to do. Note the type of subpoena (testimony, documents, or both), the specific information or documents requested, the date, time, and location you are required to appear, and the name of the court and case.

Do Not Ignore It!As emphasized before, inaction can have serious consequences.

Contact an Attorney Immediately:This is the most crucial step. An experienced attorney can advise you on your rights and obligations, help you understand the legal implications, and guide you on the best course of action. This is especially important if the case involves you or your family.

Preserve Requested Documents:If the subpoena requests documents, take immediate steps to safeguard them and prevent any accidental or intentional destruction.

Assess Your Ability to Comply:Determine if you possess the requested documents or have the knowledge required for the testimony. Discuss this with your attorney if you don’t or believe the request is unreasonable or infringes on your rights (e.g., privileged information).

Consider Your Options with Your Attorney:Your attorney can help you explore options such as compliance, filing a motion to quash, negotiation, or responding with an affidavit of no record.

Respond in Writing (If Necessary):Depending on the situation and your attorney’s advice, you may need to formally respond to the subpoena in writing, even if you are seeking to quash it or explain your inability to fully comply.
Understand witness fees:In some situations, you may be entitled to witness fees to help offset the costs of appearing for testimony, especially for depositions.

We’re Here to Ensure Proper Service

At LawServePro, we understand the importance of proper legal procedure, and the service of subpoenas is a critical part of that. Our experienced process servers are dedicated to ensuring that legal documents are delivered accurately, efficiently, and in compliance with all applicable laws.

If you are an attorney or legal professional who needs reliable and compliant subpoena service, LawServePro is your trusted partner. We ensure your documents are handled with professionalism and in accordance with all legal requirements, giving you peace of mind that the necessary steps for due process are being met. Contact LawServePro today for fast, dependable subpoena service, and let us handle the delivery so that you can focus on your case.

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Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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I was served with a subpoena, Can I ignore it?

I Was Served With A Subpoena, Can I Ignore It?

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

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