Criminal Defense Lawyers

Can You Get Out Of A Subpoena

Can You Get Out Of A Subpoena?

The Dreaded Subpoena Arrives

So, you just got served with a subpoena. Your heart sinks a little. What does this mean? Do you have to drop everything and comply? Is there any way out of this?Take a deep breath. We‘ve got you covered. Getting subpoenaed doesn‘t have to be a panic-inducing nightmare. With the right knowledge and guidance, you can handle this properly – and maybe even get out of it.But first things first, let’s make sure we’re all on the same page about what a subpoena actually is.

What Exactly Is A Subpoena?

A subpoena is a legal document that commands you to do something. Simple as that. There are two main types:

1. A subpoena that requires you to testify (a “subpoena ad testificandum” if you want to get all official).
2. A subpoena that requires you to bring documents or other evidence (a “subpoena duces tecum”).

Either way, it’s not optional. Ignoring a subpoena can land you in seriously hot water – fines, even jail time for contempt of court. Yikes.So, what do you do if you get hit with one of these things? Is there any way to get out of complying?

Can You Legally Avoid A Subpoena?

The short answer? Maybe. It depends on the specific circumstances. But in general, you can’t just blow off a subpoena because you don’t feel like dealing with it.However, there are some legitimate reasons you may be able to quash (legal speak for canceling) or modify a subpoena:

• It wasn’t properly served on you according to the rules
• It asks for privileged or confidential information you can’t disclose
• It’s unreasonably burdensome (like asking you to produce 10 years worth of emails)
• It doesn’t give you enough time to respond
• There are geographic limits and it asks you to travel too far

The key here is having a valid, legally defensible reason for not complying. You can‘t just say “I don’t wanna.” That won’t fly.To fight a subpoena, you have to go through the proper legal channels and make your case before a judge. Which brings us to…

How To Properly Object To A Subpoena

If you do have grounds to quash or modify a subpoena, you can’t just ignore it. That’s a one-way ticket to Contempt of Court City (not a fun place to visit).No, you have to follow the rules and officially object. Here’s the basic process:

1. Respond in writing before the deadline with your specific objections. Don’t go into vague complaints – cite the specific legal reasons why complying is improper or unreasonable.
2. The party who issued the subpoena will likely oppose your objections. Now it’s headed for…
3. A court hearing or conference where a judge will hear from both sides and decide if the subpoena should be enforced as-is, modified, or quashed entirely.

It’s a formal legal process, so going it alone is pretty tough unless you’re well-versed in the relevant rules and case law. Having an experienced attorney in your corner to properly draft objections and argue in court gives you the best shot.Now let‘s look at some of the most common grounds for objecting that could get you off the hook.

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2024-03-15

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2024-03-15

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Privileged or Confidential Information

One of the biggies – if a subpoena demands you produce information that is legally privileged or confidential, you may be able to quash or modify it.For example, if you’re a doctor and get a subpoena for a patient’s medical records, you can’t just hand those over willy-nilly. Medical records are confidential and protected by doctor-patient privilege. Absent a court order or proper written consent from the patient, disclosing them could get you in deep trouble.The same goes for attorney-client privileged communications, trade secrets, classified government information, and so on. If the subpoena intrudes on these protected areas, you have a strong case for getting it quashed or tailored to protect that information.

Unreasonable Burden

Courts have to balance a party’s need for the information against the burden on the subpoenaed person. If the burden is excessive compared to what‘s actually needed, you can object on those grounds.A common example – let’s say you used to work for a company that’s now involved in litigation. The company‘s opponent subpoenas you for every single email you’ve ever sent or received from your former workplace email account over a 10-year span.That’s pretty unreasonable, right? You’d have a good argument that complying creates an undue burden in time, expense, and inconvenience compared to the likely relevance of most of those emails.The court can then quash or modify the subpoena to something more reasonable and targeted, like only emails from a specific 1-year period relating to the litigation issues.

Improper Service

This is a potential get-out-of-subpoena-free card, but a technical one. If the subpoena wasn’t properly served on you according to the specific rules, you may be able to get it thrown out on those grounds.For example, in federal cases, a subpoena has to be personally served – you can’t just get it in the mail or have someone leave it on your doorstep. If it wasn’t handed to you directly by an authorized person, you may be able to challenge the service as improper.State court rules on proper service methods can vary, so this objection requires citing the specific rules that weren‘t followed. It‘s a bit of a legal technicality, but hey, you take your wins where you can get them, right?

Lack of Time or Geographic Limits

Subpoenas also have to allow a reasonable time to respond and comply with any geographic limits.For example, if you get a subpoena from across the country demanding you show up to testify in 3 days, you can object that it doesn’t give you enough time to make the travel arrangements and get there.Or if it demands you produce documents or testify somewhere that’s an unreasonable distance from where you live and work, you can argue it exceeds the geographic boundaries and should be quashed or transferred to a closer location.The rules on reasonable time and geographic limits vary between state and federal courts, so again, you’d need to cite the specific rules and make your case.

When You Might Not Want to Object

Of course, there are times when objecting to or trying to quash a subpoena may not be in your best interests, even if you have grounds to do so.For example, if you’re an important witness in a criminal case, fighting a subpoena to testify could make you look shady or obstructionist, even if you have a valid objection. The prosecution could then hit you with more subpoenas or even criminal charges.Or let’s say you’re a third party to a civil case between two companies. If you have no stake in the outcome, it may be easier to just comply with a subpoena for documents rather than spend time and money fighting it, even if you could object to the scope.The point is, you have to weigh the pros and cons. Sometimes complying is the path of least resistance, even if you could put up a fight. An experienced attorney can help analyze your specific situation and make the right call.