Question: What Documents Can You Subpoena?

Can you subpoena records without filing a lawsuit?

A subpoena is a court order and therefore there can not be a subpoena issued without a legal action pending.

A party to the legal action requests the Court issue the subpoena and if the Court agrees, it will issue the subpoena with the appropriate….

Do I have to be a witness if I don’t want to?

You have to go to court unless the lawyer who subpoenaed you tells you don’t have to be there. Call him or her up and find out why you were subpoenaed. If you don’t agree with their reasoning, you can always ask the judge to be excused, but don’t just not show up. You may risk getting thrown in jail.

Do you have to have a lawyer to subpoena records?

Although it may technically be possible to get a subpoena without a lawyer, doing so carries with it certain risks. For example, if the proper person is not named, the party may not receive the documents that he or she is requesting. The subpoena must be listed in the person’s name who actually has the records.

Who can accept a subpoena?

Who May Issue a Subpoena? In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law. If the subpoena is for a high-level government official (such as the Governor, or agency head), then it must be signed by an administrative law judge.

What should I do if I don’t want to testify?

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine. … failing to appear in court after receiving a subpoena, refusing to testify in court.

What happens if you don’t get subpoenaed?

As a subpoena is a court order, failing to respond to a subpoena without lawful excuse is a contempt of court. There may be civil or criminal penalties. A subpoena must be served by giving it to an individual, or delivering it to the registered office of a company (including by post).

Can you choose not to be a witness?

A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.

What to say in court when you don’t want to answer?

If your answer was not correctly stated, correct or clarify it immediately. Don’t say, “that’s all of the conversation” or “nothing else happened.” Instead say, “that’s all I recall” or “that’s all I remember happening.” It may be that after more thought or another question, you may remember something important.

What happens if I never get served?

If you have not been properly served, and you don’t show up, the court has no personal jurisdiction over you, and can’t enter a judgment against you. … Then, a judge in a high-volume courtroom may think you were properly served, and enter a default judgment against you if you don’t show up.