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I was served a subpoena to appear and bring documents. Since…

Hello - I was...

Hello - I was served a subpoena to appear and bring documents. Since then, the law firm that subpoenaed me stopped representing their client. The new firm contacted me about the subpoena that was served by the old law firm and said it was postponed but they wanted to know when i could provide the documents requested. 2 questions: 1. Is a new subpoena required? 2. Do I need to provide the documents in advance of the date I appear? Thank you!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

I am sorry, not sure what you mean by filed or reported?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope, i am just a 3rd party to this case.

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Answered in 2 minutes by:
9/6/2017
John
John, Attorney
Category: Legal
Satisfied Customers: 6,013
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Technically a new subpoena needs to be issued in order for the new firm to be able to enforce it. You don't need to produce documents ahead of the date of deposition, but what some firms and what I do, is to do a document only subpoena in lieu of deposition. In other words, the subpoena will specifically state that in lieu of personal appearance you can send the documents to me by X date and I will not require your personal appearance at a deposition for questioning… In other words I'm just getting the documents.

Because you are a third party in this action I don't see any point in you contesting the lack of a new subpoena or providing documents in lieu of appearance for deposition… But you could state that you're not going to produce anything unless and until they issue a new subpoena for the same.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 10 months ago
Thanks for your response. Even though i am technically a 3rd party - I am not sympathetic to the party that subpoenaed me so I don't want to be overly accommodating. I am most likely going to inform them that a new subpoena should be sent out and we will take it from there. Is that reasonable?

Yes...again they cannot enforce another officer of the court's (the old law firm's) subpoena, so that's perfectly reasonable. Hope this answers your questions. Thanks.

John
John, Attorney
Category: Legal
Satisfied Customers: 6,013
Experience: Licensed and practicing attorney.
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Customer reply replied 10 months ago
Thank you.
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