by Contributor
(Sep. 6, 2021) — A common perception on subpoenas is that it is served only to people who are in trouble. The truth is that being served a subpoena is nothing to panic about. Individuals, businesses, professionals, all have information incidental to a lawsuit, and a subpoena is a formal order used by the courts to request that the information be shared either in person, or by sending the document asked for.
Most times, a subpoena does not pose any legal risk to the recipient as these orders are given with the purpose of simply eliciting information. However, this doesn’t mean that they should be taken lightly. While the best response to any legal matter is to consult a lawyer, it’s important to understand the details of what happens and how you should respond if you’re served with a subpoena.
Subpoena Types
Subpoenas differ based on the manner in which the information must be provided. Those who are subpoenaed to appear in person will usually be asked to testify under oath on matters incidental to the case at hand.
Those who are subpoenaed to produce documents are usually asked to provide documents that contain information incidental to the lawsuit. The most common documents are statements of account, business records, medical histories, phone and messaging records, and emails.
Never Ignore a Subpoena
The one thing you should never do is to ignore a subpoena. Even if your reasons are legitimate, you could still be held in contempt of court, which is defined as the willful disregard or disobedience of a public authority. This act is punishable by fine or imprisonment, or both. The last thing you want is to go to jail for failing to respond to a subpoena.
If you’re unable to attend court at the scheduled time and date, or if you have a legal reason that prevents you from testifying or producing documents, it’s important to write a notice of explanation.
A Subpoena Is NOT Absolute
Even when there are dire consequences for failing to respond to a subpoena, this does not mean that the court has absolute power. In fact, there are many reasons why you might want to utilize a measure such as a Motion to Quash in New York Supreme Court (2304).
Some reasons when you may request to file a motion to quash are:
Self-Incrimination
Every person has the right against self-incrimination. Therefore, they cannot be compelled by the court to render a testimony that would incriminate themselves.
Client/Patient Confidentiality
Another valid reason that forms the basis for a motion to quash is if the testimony being requested would reveal confidential information about a client. Note that the court can still compel you to disclose the information, or to produce the documents needed, especially when there are legal measures that will enable you to still protect your professional integrity.
Scheduling Conflicts
The third valid reason for being unable to provide testimony in response to a subpoena is if the time frames are unachievable due to a conflict with your schedule. If this is the case, the court can still compel you to attend, albeit at a different date.
Subpoenas are not a punitive instrument, and they should not be perceived as something to worry about. They are merely an order used to uncover information that is relative to a lawsuit. Respond properly, and you shouldn’t have any trouble dealing with a subpoena.
A summons is a form of contract which must be answered within 30 days or it is acted upon as consent through tacit consent by the BAR attorney who created it and the court Administrator, (judge), of a for profit corporation will see it enforced. One can cancel it out with a form of affidavit, STATEMENT-OF-NO-CONTRACT. I can prove it works. If i could copy and past it here i can display a good example. Anyone wanting to see it, it is in the public record, please email me at, trefarmerh@centurylink.net. It is also a fraudulent document for it is written in at least five different languages.