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Loren
Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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What rights do I have when being subpoena for deposition duces-tecum.

Resolved Question:

What rights do I have when being subpoena for deposition duces-tecum. My x husband is named also. I am a single mother head of HH.
Submitted: 7 years ago.
Category: Legal
Expert:  Loren replied 7 years ago.
A subpoena duces tecum is usually issued when they want you to produce certain documents. It is probable that all that is wanted is the documents and you and your ex husband may not even have to appear if you just send the documents in.

Have your attorney call (or you can just call yourself if you are not represented )the the attorney who issued the sdt and see if they just want the documents and not your testimony.

Good luck. I hope this is helpful.
Customer: replied 7 years ago.
What are they going to do with the info?
Expert:  Loren replied 7 years ago.
I don't know the details of the case, but, presumably they will use it to either prove the allegations of their complaint or, if they are the defendant, the elements of their defense.
Customer: replied 7 years ago.
The complaint is true, but who decides if I can pay anything back and how much? What is it based on? What about my Ex husband? Last year I spoke with Plaintiff attorney and told him my situation. I was very surprised to receive this!!
Expert:  Loren replied 7 years ago.
If you are the defendant, you need to be represented by a local attorney. These proceedings can result in a judgement entered against you. Failure to comply with the subpoena can result in sanctions and civil contempt penalties.
Customer: replied 7 years ago.
What does that mean? Can I go to jail?
Expert:  Loren replied 7 years ago.
No. You will not go to jail, but you can be assessed the attorney fees for the other side attempting to enforce the subpoena.

You really need to consult with local counsel if you are currently being sued.
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