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A subpoena (/səˈpiːnə/) is a writ ordering a person to attend a court proceeding or to produce documents. There are two common types of subpoenas:
- An order for someone to appear in court to give testimony as a witness at a trial, hearing, or deposition.
- Order for someone to produce documents or other tangible evidence for use at a trial, hearing, or deposition.
A subpoena is typically issued by the clerk of the court on behalf of the party who is requesting the testimony or evidence. It is then served on the person required to appear or produce the requested materials. If that person does not comply with the subpoena, he or she may be held in contempt of court.
Types of subpoenas
There are a few different types of subpoenas:
- A grand jury subpoena is issued by a grand jury and orders a person to appear before the grand jury to give testimony or produce evidence.
- An investigative subpoena is issued by a governmental agency, such as the Securities and Exchange Commission (SEC), in connection with an investigation.
- A deposition subpoena is issued by one party in a lawsuit to another party and orders that person to appear for a deposition (an out-of-court question-and-answer session).
- A trial subpoena is issued by one party in a lawsuit to another party and orders that person to appear for trial.
How to respond to a subpoena
If you have been served with a subpoena, you should consult with an attorney to determine how to proceed. Depending on the type of case and the jurisdiction in which it is pending, you may be able to quash (cancel) the subpoena, object to it, or move for a protective order.
If you do not comply with a subpoena, you may be held in contempt of court. This can result in a fine or even imprisonment. Therefore, it is important to take any subpoena seriously and consult with an attorney if you have any questions about how to proceed.
What is a deposition subpoena?
A deposition subpoena is a court order that requires a person to appear for a deposition, which is an out-of-court question-and-answer session. A deposition subpoena may be issued by one party in a lawsuit to another party, or it may be issued by the court itself.
If you have been served with a deposition subpoena, you should consult with an attorney to determine how to proceed. Depending on the type of case and the jurisdiction in which it is pending, you may be able to quash (cancel) the subpoena, object to it, or move for a protective order.
If you do not comply with a subpoena, you may be held in contempt of court. This can result in a fine or even imprisonment. Therefore, it is important to take any subpoena seriously and consult with an attorney if you have any questions about how to proceed.
What is a trial subpoena?
A trial subpoena is a court order that requires a person to appear for trial. A trial subpoena may be issued by one party in a lawsuit to another party, or it may be issued by the court itself.
If you have been served with a trial subpoena, you should consult with an attorney to determine how to proceed. Depending on the type of case and the jurisdiction in which it is pending, you may be able to quash (cancel) the subpoena, object to it, or move for a protective order.
If you do not comply with a subpoena, you may be held in contempt of court. This can result in a fine or even imprisonment. Therefore, it is important to take any subpoena seriously and consult with an attorney if you have any questions about how to proceed.
Can you get out of a subpoena?
The question of whether you can and how to get out of a subpoena really depends on the situation you are in. If you have been served with a subpoena, you should consult with an attorney to determine how to proceed. Depending on the type of case and the jurisdiction in which it is pending, you may be able to quash (cancel) the subpoena, object to it, or move for a protective order.
If you do not comply with a subpoena, you may be held in contempt of court. This can result in a fine or even imprisonment. Therefore, it is important to take any subpoena seriously and consult with an attorney if you have any questions about how to proceed.
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