A subpoena is a legal order requiring an individual or entity to testify or produce documents in a legal proceeding. In California civil and criminal cases, subpoenas are governed by statutes and court rules. While compliance is generally mandatory, there are circumstances in which a subpoena can be challenged, modified, or struck down.
California law recognizes that subpoenas must be properly issued and served and that individuals may have legitimate legal grounds to object to or avoid compliance. Failing to respond to a valid subpoena can expose you to sanctions, including contempt of court.
Common Valid Reasons to Challenge or “Get Out of” a Subpoena
The most common grounds for challenging a subpoena in California involve procedural defects, improper service, privilege protections, undue burden, or other protections under law. These can include:
1. Improper Service or Procedural Errors
A subpoena must be properly issued and served according to the rules of civil or criminal procedure. If the subpoena was not delivered correctly, served with sufficient notice, or does not comply with statutory requirements, it may be invalid.
2. Lack of Jurisdiction or Scope Issues
A subpoena may be invalid if the issuing court does not have jurisdiction over the person or if it improperly requires travel outside permitted geographic limits (in federal cases, see Fed. R. Civ. P. 45 limits).
3. Privilege or Confidentiality Protections
Information or testimony protected by privilege (e.g., attorney-client privilege) cannot be compelled by a subpoena. Courts will quash subpoenas seeking privileged material.
4. Undue Burden or Overbreadth
If the subpoena imposes an unreasonable or disproportionate burden relative to the need for the evidence, courts may quash or modify it.
5. Medical or Hardship Considerations
Severe illness or incapacity may justify a challenge or request for accommodation, such as delaying compliance or seeking alternative means of participation. Courts often consider medical evidence in these situations.
6. Relevance and Redundancy
A subpoena seeking information that is irrelevant to the underlying dispute or redundant with previously produced evidence may be challenged.
Subpoena FAQs
If you are served with a subpoena as a witness in a California case, you cannot simply ignore it. Instead, you may pursue one of the following:
1. File a Motion to Quash or Modify the Subpoena – Under California Code of Civil Procedure § 1987.1, a person served with a subpoena duces tecum (documents) or ad testificandum (testimony) may file a motion in the court that issued the subpoena to quash or modify it based on procedural defects, privilege, undue burden, or other valid grounds.
2. Negotiate Alternative Arrangements – In some cases, especially where travel is difficult or testimony is marginally relevant, you might work with the issuing party’s attorney to reschedule, provide testimony remotely, or limit the scope of what is required.
You cannot unilaterally refuse to comply with a valid subpoena without legal consequences. Simply declining to comply could expose you to contempt proceedings, fines, or other sanctions.
No, you cannot ignore a subpoena from an attorney. A subpoena issued by an attorney who is authorized to practice law in the issuing court and properly served has the force of law. Ignoring a subpoena without seeking a court order is not a lawful option and may result in sanctions.
In California, failure to obey a subpoena can result in the court holding the person in contempt. Contempt can include monetary fines and, in some circumstances, detention until compliance.
A subpoena may be invalid if it:
– Was not properly signed or issued under applicable rules.
– Was not correctly served.
– Lacks required content or gives insufficient time for compliance.
– Seeks privileged or irrelevant information.
Invalidity typically must be raised formally by objection or motion.
To summarize, valid reasons to get out of a subpoena include:
– Improper service or procedural flaws.
– Privileged materials or confidentiality protections.
– Undue burden, overbreadth, or irrelevance.
– Medical incapacity or hardship.
– Jurisdictional defects or geographic limitations.
Yes, severe illness, incapacity, or disability that would make compliance unreasonable or impossible can be grounds to seek modification or quash a subpoena. A physician’s declaration or medical records are often required to support such an argument in court.
If a subpoena is improperly served—for example, not delivered in compliance with the statute or without proof of service—the recipient may object and seek a court ruling that the subpoena is not enforceable. Improper service undermines the subpoena’s legal effect.
Yes, you must respond to a subpoena unless you successfully object or obtain a court order quashing or modifying it. Simply ignoring it is not a lawful option. Legal response may include compliance, negotiation with issuing counsel, written objections, or filing a motion to quash.
Conclusion: How an Attorney Can Help
Challenging a subpoena requires a detailed understanding of procedural law and careful timing. An attorney experienced in California civil and criminal procedure can evaluate your specific situation, prepare objections, draft a motion to quash, and represent you in court to protect your rights and minimize risk.
If you have received a subpoena and are unsure how to respond, contact an experienced California litigation attorney today for a consultation. Early legal guidance can make a significant difference in protecting your interests and avoiding potential sanctions.
