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I received a subpoena to produce records in a civil case in…

Customer Question
Hi! I received a...

Hi! I received a subpoena to produce records in a civil case in Arizona for which I am not a party to the case. I was however, served by a party to the case, which I thought was not allowed, and don’t see that an acceptance of service was filed in the court record online. Is there a way to verify the validity of a subpoena?

Lawyer's Assistant: Have you talked to an AZ lawyer about this?

I haven’t yet.

Lawyer's Assistant: What steps have you taken so far?

I’ve started compiling documents requested per the order but I haven’t furnished the document or communicated with the counsel for the party that served the subpoena.

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

I have no issue complying with the order. I was an employee and contractor of the plaintiff - the defendant subpoenaed me.

Submitted: 3 months ago.Category: Legal
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Answered in 9 minutes by:
3/25/2018
Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,613
Experience: Attorney
Verified

Dear Customer ,

Thank You posting your civil procedure question today. I'm attorney Bill assisting you with your civil procedure question today.

If you were served with an information subpoena you can file a motion with the court to suppress the subpoena if the subpoena requests information that is irrelevant , not in your possession or something that you can not reasonable come into possession of.

You need to file this motion with the court.

To inquire into the validity of any issued subpoena you can contact the clerk of the court that is hearing your case.

Third party subpoena requests can be granted by the court as perhaps in your case.

The rules of civil procedure provide the following:

"

(a) Generally.

(1) Requirements--Generally. Every subpoena must:

(A) state the name of the Arizona court from which it issued;

(B) state the title of the action, the name of the court in which it is pending, and its civil action number;

(C) command each person to whom it is directed to do the following at a specified time and place:

(i) attend and testify at a deposition, hearing, or trial;

(ii) produce and permit inspection, copying, testing, or sampling of designated documents, electronically stored information, or tangible things in that person's possession, custody, or control; or

(iii) permit the inspection of premises; and

(D) be substantially in the form set forth in Rule 84, Form 9.

(2) Issuance by Clerk. The clerk must issue a signed but otherwise blank subpoena to a party requesting it. That party must complete the subpoena before service. The State Bar of Arizona may also issue signed subpoenas on behalf of the clerk through an online subpoena issuance service approved by the Supreme Court."

We are here to help so please follow up with me as required.

In return your positive rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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