What Are Your Rights When Served With a Subpoena?
- Negotiation is one way to respond to an unclear subpoena request.Comstock Images/Comstock/Getty Images
If you cannot fulfill an evidence request within the time outline in a subpoena, speak to the issuing party about extending the deadline to gather information requested of you. If the issuing party refuses an extension, you then may file a motion with the court before the expiry date of the subpoena, explaining that the issuing party did not provide you with adequate time to collect and provide the evidence required of you. - Notify the issuing party of the result of an objection to a subpoena.Comstock/Comstock/Getty Images
If a judge finds that the issuing party caused you to be burdened by the issuance of a subpoena, the subpoena may be thrown out. The subpoena also may be modified to give you a longer period to gather requested evidence. Regardless of a judge's decision, you must mail or deliver a copy of the quashed or modified motion to the issuing party once judgment is passed. - You still have the legal right to privacy, even in court.Medioimages/Photodisc/Photodisc/Getty Images
If the issuing party returns to court to have the modified subpoena enforced, you still are protected under the law from submitting certain types of evidence. The Fifth Amendment of the Constitution means you are not required to submit any information that will implicate you in a crime. You also are allowed to withhold certain information that is considered confidential, such as trade secrets. A judge might require you to submit some requested company information in this example, but he or she also might restrict what information is included in a public transcript. - It is your duty to protect those who confide in you.Comstock Images/Comstock/Getty Images
Certain occupations and situations also require you by law to protect the privacy of others. Attorneys, accountants, doctors and even spouses are given the responsibility of protecting information provided to them in confidential situations. You also may contest a subpoena if it asks for information that was provided to you during confidential conversations. A judge also may require you submit certain portions of this type of evidence, but he or she also can restrict public access to this information. - Only give the information asked of you.NA/AbleStock.com/Getty Images
Even if a judge requires you to submit sensitive information, you can restrict the amount of information submitted based on the relevancy it has in the case. You can file a motion to request that the judge limit the information only to facts that are relevant to the case to further protect yourself and any clients you may have.
Negotiating the Request
Objecting
Protecting Yourself
Protecting Others
Relevancy of Information Requested
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