Criminal Defense Lawyers

Valid Reasons To Get Out Of A Subpoena

Valid Reasons To Get Out Of A Subpoena

What is a Subpoena?

A subpoena is a legal document that compels you to testify as a witness or provide evidence for a case. 

Common Reasons To Quash or Modify a Subpoena

Undue Burden or Expense

If complying with the subpoena would cause you an unreasonable amount of hassle or cost, you may be able to get it quashed (canceled) or modified. For example, if the subpoena demands you produce thousands of documents from years ago, and doing so would be incredibly time-consuming and expensive, the court might let you off the hook.This is a common defense for businesses that get hit with overly broad subpoenas. Courts don’t want to put an “undue burden” on people or companies, so they’ll sometimes rein in those requests.

Privileged Information

Certain types of information are considered “privileged” and protected from disclosure in court. This includes things like:

• Attorney-client communications
• Spousal communications
• Doctor-patient conversations
• Confidential journalistic sources

If a subpoena is asking you to reveal privileged info, you can file a motion to quash or modify it on those grounds. The court has to respect those privileges.

Relevance Issues

For a subpoena to be valid, the info or testimony it’s demanding has to be relevant to the actual case. If what they’re asking for has no bearing on the legal matter, you may be able to get the subpoena thrown out for lack of relevance.This comes up a lot in criminal cases where the prosecution tries to go on a fishing expedition with an overly broad subpoena. The defense can argue it’s not relevant and get it limited or quashed.

Improper Service

There are strict rules about how a subpoena has to be “served” or delivered to the witness. If those rules weren’t followed properly, you may be able to get out of it on a technicality.For example, in many states a subpoena has to be served a certain number of days in advance, or be hand-delivered rather than mailed. If they mess that up, you can challenge the subpoena.

Harassment or Abuse

If you can show that the subpoena is part of a pattern of harassment or abuse by the party issuing it, the court may quash it. This could apply if an individual or company is getting bombarded with tons of unnecessary subpoenas as a bullying tactic.The key is proving to the judge that it’s not being used for a proper legal purpose, but rather to harass or intimidate you. That’s a no-no in the justice system.

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2024-03-21

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2024-03-18

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2024-03-15

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Geographical Limitations

In general, you can only be compelled to testify or provide evidence within a certain geographic area – usually the state where the case is being heard. If the subpoena is trying to make you travel crazy distances, you may be able to get it limited or quashed.There are some exceptions for federal cases that cross state lines. But in general, the courts try to avoid putting an unreasonable travel burden on witnesses.

How to Fight a Subpoena

If you think you have valid grounds to quash or modify that subpoena, here’s the basic process:

1. File a Motion to Quash or Modify the Subpoena with the court. This is a written legal document explaining why the subpoena is improper or overly burdensome.
2. Serve a copy of your motion on the party that issued the subpoena, so they can respond.
3. The court will schedule a hearing where both sides can make their arguments.
4. If the judge agrees with your reasons, they can quash (cancel) the subpoena entirely or modify its scope.

It’s definitely a formal legal process, so having an experienced attorney on your side is highly recommended if you want to fight a subpoena. They know all the rules and procedures to properly make your case to the court.

When You Can’t Get Out of a Subpoena

Of course, there are plenty of situations where the subpoena is proper and you just have to suck it up and comply. If the information requested is relevant, not privileged, and not overly burdensome, the court will likely enforce the subpoena.In that scenario, your best bet is to just cooperate. Ignoring or blowing off a valid subpoena is a one-way ticket to being held in contempt of court, which can result in fines or even jail time. Not worth it!If you absolutely cannot or will not comply for some reason, you need to be upfront with the court about it and take your chances. But the penalties for contempt can be pretty harsh.

Specific Laws and Precedents

There are a number of specific laws and court precedents that come into play when dealing with subpoenas:

• The Federal Rules of Civil Procedure (FRCP) lay out the requirements for issuing and responding to subpoenas in federal civil cases. Rule 45 covers subpoenas.
• Each state also has its own rules and laws regarding subpoenas in state court cases. For example, here are New York’s rules.
• The Supreme Court case of Upjohn v. United States was pivotal in defining the scope of attorney-client privilege and when it protects communications from disclosure.
• The ruling in Hickman v. Taylor established the concept of “work product” that shields materials prepared in anticipation of litigation.
• This Ninth Circuit case discusses the “undue burden” standard for quashing subpoenas that are overly broad or expensive to comply with.

There are tons of other cases and laws that could be relevant depending on the specific circumstances around a subpoena. An experienced attorney can analyze the details and determine which legal precedents might help your case.

Pros and Cons of Fighting a Subpoena

Like anything in the legal world, there are potential pros and cons to fighting a subpoena that need to be carefully weighed:

Pros

• You could get the subpoena quashed entirely and avoid having to testify or provide info
• You may be able to limit the scope and only comply with part of the subpoena
• Pushing back shows you won’t be bullied and may discourage future harassment
• If successful, it helps protect privileged or confidential information

Cons

• The legal process is time-consuming and can get expensive if you hire a lawyer
• You may ultimately lose and still have to comply with the entire subpoena
• You could potentially be held in contempt if you resist too aggressively
• It may damage relationships or reputation if seen as obstructionist

At the end of the day, it comes down to weighing those potential upsides and downsides for your particular situation. An experienced legal advisor can help determine if fighting the subpoena is worth the risks and costs involved.

When to Just Comply With a Subpoena

In many cases, the path of least resistance is simply complying with a valid, reasonable subpoena. This may be the best option if:

• The information requested is not privileged and seems properly relevant to the case
• Providing the testimony or documents would not be overly burdensome
• You don’t have strong legal grounds to fight the subpoena
• The risks of not complying (contempt, fines, etc.) outweigh the benefits

Remember, courts have a lot of discretion to enforce their subpoenas. Pushing back on a weak basis can sometimes do more harm than good. It’s often better to just cooperate, provide the info, and move on.Of course, that’s a case-by-case decision where you’ll want to consult a lawyer about the specific circumstances and potential consequences of non-compliance.

Using Subpoenas as a Litigation Strategy

It’s also important to understand that subpoenas are often used as strategic tools by lawyers in litigation. For example:

• Prosecutors may issue broad subpoenas to witnesses as a fishing expedition to find incriminating evidence
• Civil attorneys use subpoenas to force the other side to disclose documents that could help their case
• Subpoenas are sometimes issued solely to harass, intimidate, or drive up legal costs for an adversary

So when dealing with a subpoena, it’s wise to consider the motivations and strategy behind it from the issuing party. They may have ulterior motives beyond just getting simple testimony or evidence.That doesn’t necessarily mean you can get out of the subpoena. But understanding the bigger context can help decide if and how to push back on it as part of your overall legal strategy.

When to Hire a Lawyer for Subpoena Issues

Let’s be real here – the subpoena process can get complicated quickly with all the different laws, rules, and strategic considerations involved. For anything beyond a very basic, straightforward subpoena, you’ll likely want to hire an experienced attorney to handle it.A good lawyer can analyze whether you have solid grounds to quash or modify the subpoena based on burden, privilege, relevance, or other factors. They know all the technical procedures for properly challenging a subpoena in court.Trying to navigate that process yourself is pretty risky, since the penalties for messing it up can be severe. It’s generally worth the investment to have a pro in your corner, especially if sensitive info or high stakes are involved.

Finding the Right Lawyer

If you do need to hire legal representation for a subpoena issue, be sure to find someone with specific experience in that field. Look for:

• Attorneys who specialize in litigation and dealing with subpoenas
• Lawyers with a background in the relevant area of law (criminal, civil, corporate, etc.)
• People with a strong track record of success in quashing or negotiating subpoenas
• Firms with the resources to handle complex discovery and document production

Don’t just automatically go with the biggest, most expensive firm either. Sometimes smaller boutique practices are extremely skilled at this niche work. Shop around and find the right fit for your situation and budget.

Key Takeaways

Let’s quickly recap the key points about valid reasons to get out of a subpoena:

• Common grounds include undue burden, privileged info, relevance issues, improper service, harassment, and geographical limitations
• You have to formally file a motion and make your case to the court
• There are specific laws and precedents that define the rules around subpoenas
• Weigh the potential pros and cons before deciding to fight a subpoena
• Sometimes it’s better to just comply, especially if you lack strong legal grounds
• Subpoenas are often strategic tools used by lawyers, so consider the motivations
• For complex cases, it’s wise to hire an experienced attorney to handle it properly
• Do your research to find the right lawyer for your needs and budget

At the end of the day, dealing with subpoenas is all about understanding your rights, following proper procedures, and making wise strategic decisions to protect your interests.