What to Do If You Are Served with a Subpoena in California

What to Do If You Are Served with a Subpoena in CaliforniaReceiving a subpoena can be intimidating, whether it’s for a court case, deposition, or document request. A subpoena is a legal order requiring you to testify, provide evidence, or produce documents related to a legal matter. Ignoring or failing to respond to a subpoena can lead to legal consequences, including fines or contempt of court charges. In this blog post, we’ll explain what a subpoena is, how to respond, and your legal rights in California.

What Is a Subpoena?

A subpoena is a formal legal request requiring an individual or entity to:

  1. Testify in court or at a deposition.
  2. Provide documents or records relevant to a legal case.
  3. Appear at a legal proceeding as a witness.

Types of Subpoenas

  • Subpoena Ad Testificandum – Requires a person to testify in court or at a deposition.
  • Subpoena Duces Tecum – Requires a person to produce documents, records, or other evidence.

How to Respond to a Subpoena

1. Read the Subpoena Carefully

  • Check the date, time, and location of the required appearance.
  • Review who issued the subpoena (court, attorney, or government agency).

2. Determine If You Must Comply

  • You must comply unless you have a valid legal reason to object.
  • If the subpoena is improperly served or overly broad, you may be able to challenge it.

3. Consult an Attorney

  • An attorney can help you understand your rights and whether you can challenge the subpoena.
  • If providing testimony, a lawyer can help you prepare your responses.

4. Objecting to a Subpoena

  • You can file a motion to quash if the subpoena is unreasonable, irrelevant, or overly burdensome.
  • Legal objections must be filed before the compliance deadline.

5. Comply with the Subpoena

  • If no legal challenge is made, you must appear in court or provide requested documents by the deadline.
  • Failure to comply can lead to contempt of court charges.

What Happens If You Ignore a Subpoena?

Failing to comply with a subpoena can result in:

  • Court fines or penalties.
  • A contempt of court charge, which may lead to jail time.
  • A default ruling against you in civil cases.

Being served with a subpoena requires a timely and careful response. Whether you need to testify, provide documents, or challenge the subpoena, understanding your legal rights is essential. If you have received a subpoena and need legal guidance, Law Advocate Group, LLP can help. Contact us today for expert legal representation.

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