How to Enforce a Subpoena After It’s Been Served

How to Enforce a Subpoena After It’s Been Served

Let’s talk about what to do when someone ignores your subpoena. We’ll go over the steps to get them to comply, from friendly reminders to getting the court involved. This stuff can be confusing, but we’ll break it down so it makes sense.

First, a Quick Subpoena Refresher

A subpoena is when the court orders someone to testify, turn over documents, or both. There are a couple types – subpoenas to testify, subpoenas for documents (called subpoenas duces tecum), and subpoenas for both testimony and documents.

Subpoenas help parties get the evidence and witnesses they need for their case. But they only work if the person actually shows up and cooperates! So what should you do if someone disobeys your subpoena?

Step 1: Send Them a Friendly Reminder

Before going to the judge, try sending a letter politely reminding them about the subpoena. Say something like:

• Hey, just a heads up you’ve been subpoenaed to testify on this date.
• Here’s where and when you need to show up.
• If you ignore a subpoena, you could be charged with contempt of court.
• Please call me if you can’t make it or have questions!

Hopefully they just forgot and this will jog their memory. If not, you’ll have to ask the court for help.

Step 2: File a Motion to Compel

The next move is to file a motion to compel. This asks the judge to order the person to comply with the subpoena. Your motion should explain:

• When and how you served the subpoena
• What testimony or documents you want
• That they didn’t show up
• You tried to get them to comply (like sending a letter)
• Why you need the evidence

Make sure to follow the court’s rules for filing motions. You also have to give the motion to the person. The judge will usually hold a hearing to decide whether or not to order them to comply.

If the judge grants your motion, great! Now you’ve got a court order to back up your subpoena. If not, you may need to show more proof why you need the testimony or documents.

Step 3: Ask for Monetary Sanctions

If a motion to compel doesn’t cut it, request monetary sanctions. This means the person has to pay you for ignoring the subpoena. Judges don’t love sanctions, but they’re more open to it if you’ve tried cooperating.

The amount depends on the situation. But sanctions add up fast, so the person might decide following the subpoena is easier than paying.

Step 4: File for Contempt

Asking the court to hold the person in contempt is serious. You’re basically accusing them of defying a court order. Your motion should say:

• The subpoena was valid and served properly
• They didn’t show up or turn over documents
• You tried to get them to comply
• You still need the testimony or documents
• You want them held in contempt of court

If the judge agrees, they’ll issue a warrant for the person’s arrest. At the hearing, the person can explain why they didn’t comply. If the judge finds them in contempt, penalties can be fines or even jail time until they cooperate.

Some Tips for Writing Subpoenas

To avoid issues later:

• Be specific about what you want
• Check location limits for travel
• Give them time to respond
• Follow rules for serving subpoenas
• Consider paying them for their time

Some Alternatives to Enforcing Subpoenas

Going to court takes time and money. Before doing that, try:

• Negotiating a compromise on what you really need
• Subpoenaing someone else with the same info
• Using a deposition transcript instead of live testimony
• Relying on other evidence you already have
• Dismissing the subpoena for now and refiling later
• Hiring a subpoena service to handle it for you

Working it Out With the Witness

Even when you disagree, try to be reasonable and flexible with the witness. Some tips:

• Explain you’re just following the required legal process
• Don’t threaten or demand – ask for their cooperation
• Offer to clarify confusing parts of the subpoena
• Accommodate reasonable scheduling requests if you can
• Modify scope or extend deadlines if needed
• Avoid legalese – explain what complying means
• Thank them for their time and participation

With understanding and patience, you can usually get a reluctant witness on board. Then you can focus on the evidence, not chasing down compliance.

Subpoenas don’t have to lead to legal fights. But if someone ignores one, you have options. Be firm yet flexible, and don’t hesitate to assert your rights. With this guide, you can get the court’s help to enforce your subpoena.