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Subpoena Questions

A subpoena is a court order that requires a person to appear before a court. Failure to appear usually places the person under contempt of court. This is usually determined by the judge and may result in a fine or arrest. The subpoena is a tool used by the court to bring all witnesses together for questioning during a trial or court session. Below are just a few of the more commonly asked questions regarding subpoenas.

How would I subpoena a video surveillance tape from a bar in San Francisco California? I was injured by bouncers in the bar and I need to prove it that it happened in the bar.

While it would be to your advantage to have the tapes that showed the acts that took place, there are no laws requiring the bar to give the tapes to you. In order to have the tapes as evidence, you will have to serve the bar owner with a subpoena. In order to serve the bar with a subpoena you will need to file a lawsuit against the bar.

You can request a copy of the tapes that have the evidence in question. You can send a certified letter with the request. If this doesn't work, you will need to file a personal injury lawsuit. Once you do this, you will have to send discovery demands to the bar. If this also fails, a subpoena will have to be served.

I need to prove that my ex-husband is lying about his finances. How should I go about getting the required paperwork from him to prove this for the court?

The first step would be to request the documents. This is done when you send a request to produce, which is filed through the court. This would be the most inexpensive way to obtain the information you are seeking.

If your ex-husband is unwilling to comply with the request, you may have to file a motion to compel. Usually, parties are required to release all financial information that is relevant to the case at hand. When your ex-husband refuses to cooperate, the judge will probably place an order for the documents to be turned over. When the judge gets involved, people are more prepared to comply with any request.

If you still cannot produce results, you may want to consider a subpoena. Generally, every court will have template subpoenas. If your court clerk does have this type of form, you only need to fill the form out and have it served to the ex-husband. Before you prepare the form, you need to determine the requirements expected by any entity that may be involved (bank, CPA, etc.). This will save several steps and time when filing and serving the subpoena.

My intern received a subpoena from a lawyer today. It says to appear at the lawyer's office on June 19 to give a deposition and provide all client records. A court did not subpoena the records and we were not given 10 days’ notice. Should my intern respond to this subpoena? We are in Texas.

Attorneys can issue subpoenas in Texas. . Tex. R. Civ. P. 176.4(a)-(c).

The Texas Court Rules provide: 205.2 Notice.
“A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery. A notice of oral or written deposition must be served before or at the same time that a subpoena compelling attendance or production under the notice is served. A notice to produce documents or tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling production is served.”

Usually, if the person cannot make the set date/time, all they would have to do is contact the attorney and request an adjournment. They can then set a more appropriate date for the meeting.

You should never ignore a subpoena. Doing so would put you (in this case, your intern) at risk of being in contempt of court. Contempt of court can include a fine plus jail time.

I just received a subpoena issued by the lawyer in Arkansas. Upon searching county sites I find no record of the case with the supplied case number. The subpoena says to appear at the lawyer's office. Just curious if this is legal and I should contact them?

Because a subpoena is a court order, you should probably pay attention to it. Ignoring one may lead to legal action being placed against you. You should make contact with the attorney and discuss the situation as well as mentioning the case number. There may be a mistake that was made during the filing. Once you have spoken with the attorney and everything appears to be on the level, your next step would be to comply with the subpoena.

A subpoena is a court order to appear before the court. When you are faced with a subpoena and have questions, you should always consult an Expert. When you are unsure of the legalities that are associated with court subpoenas, you could be setting yourself up for trouble. To learn your legal rights and options, it is best to ask an Expert for legal insight.

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Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Subpoena Questions

  • Re: Nevada NRS 484B.165 - Basically the texting and driving

    Re: Nevada NRS 484B.165 - Basically the texting and driving law. The main part of the law reads:
    ----
    NRS 484B.165  Using handheld wireless communications device to type or enter text, send or read data, engage in nonvoice communication or engage in voice communications without use of hands-free device unlawful; exceptions; penalty. [Effective January 1, 2014.]
    1.  Except as otherwise provided in this section, a person shall not, while operating a motor vehicle on a highway in this State:
    (a) Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in nonvoice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.
    (b) Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.
    ----
    Question:
    I'm interpreting the exception in part (b) to mean that if she was activating either the GPS or Bluetooth device function on the phone (both allow for wireless operation) or configuring it, that she would be within the confines of the law. Is this your interpretation as well?
    Thanks!
  • I have just been notified that a subpoena has been placed on

    I have just been notified that a subpoena has been placed on my mothers home for a credit card I had years ago. I do not live there I had used it as a address for mail. I had tried to get the credit card co to send me info and list of transactions and I never saw it. Id like some advice please.
  • Not sure if this is a Lawyer type question or not. Want to

    Not sure if this is a Lawyer type question or not. Want to know what an employee's rights are with respect to participating in Flexible Spending Account offered by employer and who gets to see medical information submitted with claims. Spouse's employer had used Aflac to evaluate claims but Aflac not going to offer that service next year. Prior to Aflac vetting claims they were submitted to company CFO and am worried it's going to go back to that process. I don't think a company should have access to an employee's personal medical information. Are employers allowed to set it up that way; ie: the only way an employee can get reimbursed for contributions to FSA is for another company employee to see your medical information (ie: reciepts & EOBs from health care plan).
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