Dealing with a Subpoena in Akron? Trusted Legal Advisors to Advocate for You
Contents
You’ve Been Subpoenaed – Now What?
Have you ever wondered, what it means to be subpoenaed by a court? It’s simple, every single client deserves honesty, and white glove service. But, take a deep breath, being served with a subpoena doesn‘t automatically mean you’re in legal trouble.A subpoena is a court order, requiring you to testify as a witness, or provide evidence like documents or records. It can definitely feel intimidating, but understanding the process is key to protecting your rights.We’re going to break it all down for you, step-by-step. From the different types of subpoenas, to what to do if you receive one – we‘ve got you covered. Let’s dive in.
What is a Subpoena?
A subpoena is simply, a legal document issued by a court or another government entity like a grand jury. It commands the recipient, to either:
- Appear to testify at a deposition, hearing or trial on a specified date and location.
- Produce specified documents, records or other evidence.
- Or both – testify and provide documentation.
There are a few different types of subpoenas:
Subpoena Ad Testificandum – This requires you to show up and give testimony under oath. It‘s essentially, summoning you as a witness.
Subpoena Duces Tecum – With this type of subpoena, you must produce specified documents or records. But, you don’t necessarily have to appear in person.
Subpoena for a Deposition – This commands you to show up at a deposition and give sworn, out-of-court oral testimony. The testimony is recorded and can potentially, be used at trial.
Grand Jury Subpoena – This is issued by a grand jury that’s conducting a criminal investigation. It can require testimony or production of documents and other evidence.Ignoring a subpoena is a big no-no. Failure to comply can potentially, lead to civil or criminal penalties like fines or even jail time for contempt of court.
I Received a Subpoena – What Now?
Okay, so you just got served with a subpoena. Don‘t panic! Here are the key steps to take:
1) Read it Carefully-The first thing, is to thoroughly review the subpoena. Make sure you understand what it’s asking of you – whether it’s to testify, produce documents, or both.Pay close attention to:
- The names of the parties involved in the case
- The date, time and location you need to appear or provide evidence by
- Exactly what types of documents or evidence are being requested
2) Decide if You Need a Lawyer-Depending on the situation, you may want to consult a lawyer, especially if:
- The subpoena seems overly broad or burdensome
- You’re unsure if you have a legal obligation to comply
- The subpoena relates to a criminal case where your rights could be jeopardized
- You need to assert any privileges like attorney-client or doctor-patient
An experienced attorney can review the subpoena, advise you on your rights and responsibilities, and take steps to challenge or modify the subpoena if needed.
3) Respond or Object on Time-Don’t just ignore the subpoena! If you plan to fully comply, make sure you send over any requested documents by the deadline.However, if you object to the subpoena, you must make that objection in writing before the response date. Common grounds for objecting include:
- The subpoena is unreasonably burdensome or overly broad in scope
- It demands privileged or confidential information
- It fails to allow sufficient time to respond
- It was improperly served
Your attorney can file a motion to quash or modify the subpoena on your behalf and appear at any related court hearings.
4) Preserve All Relevant Evidence-Even if you object or can’t fully comply, you must make efforts to preserve any potentially relevant documents or evidence. Don‘t destroy anything!This may involve putting a legal hold on routine document destruction policies and ensuring employees maintain all records and data covered by the subpoena.
5) Comply or Accept the Consequences-If the court denies your objections and requires compliance, you must obey the subpoena. Failure to do so can result in civil or criminal contempt charges, fines, or even arrest in some cases.16
Dealing with a Subpoena in Akron
If you receive a subpoena related to a case in Akron Municipal Court, there are some additional local rules and procedures to be aware of:
Filing the Subpoena RequestAny request for a subpoena or order designating someone to serve a subpoena must be filed at least 7 days before the scheduled hearing or trial date. This gives the clerk enough time to process the request.15
Serving the SubpoenaSubpoenas from Akron Municipal Court can be served by:
- The sheriff or bailiff
- The clerk of court
- A lawyer
- Any other person designated by the court rules15
The subpoena must be served a minimum of 21 days before the date the witness is commanded to appear.1
Objecting to a Subpoena-If you need to object or file a motion to quash a subpoena from Akron Municipal Court, you must follow the procedures outlined in Ohio Rule of Civil Procedure 45.6This includes serving written objections on the party who issued the subpoena before the response date. The objecting party may be required to appear at a hearing as well.
Penalties for Non-Compliance-Akron Municipal Court takes non-compliance with subpoenas very seriously. Failure to obey a subpoena can be deemed contempt of court under Ohio law.6The penalties for contempt can include fines up to $250 and/or jail time up to 30 days for a first offense. Subsequent offenses can result in even harsher penalties.17
When You Need to Fight a Subpoena
In some situations, you may have valid grounds to push back against a subpoena by filing a motion to quash or modify it. An experienced attorney can fully evaluate your circumstances, but some common reasons include:
Subpoena is Unreasonably Burdensome-If complying with a subpoena would be extremely difficult or expensive, you may be able to get it quashed or narrowed in scope. For example, if producing years’ worth of records would cost thousands in employee time.
Privileged Information Requested-You can object if a subpoena demands information protected by legal privileges like:
- Attorney-client
- Doctor-patient
- Spousal
- Clergy-penitent
- Trade secrets
The privilege holder (your lawyer, doctor, spouse, etc.) would need to formally assert and explain the privilege.
Subpoena is Overly Broad-A subpoena has to be reasonably tailored in scope and relevance to the case. If it uses vague language like “all documents related to…” you may be able to argue it’s too broad.
Lack of Personal Knowledge-If you legitimately lack any personal knowledge or documents related to the facts of the case, you can object on those grounds.
Procedural Defects-Subpoenas need to be properly served on the correct parties and entities according to the rules. If there are any procedural defects, you can object.The objection and motion process forces the issuing party to establish the validity of the subpoena. If they can’t, the court can quash or modify it accordingly.
When You Can’t Ignore a Subpoena
While there are some valid reasons to object, there are also plenty of times when you simply can’t ignore a subpoena, including:
You Possess Relevant Information-If you have personal knowledge about facts related to the case, you‘ll likely be compelled to testify as a witness. This applies whether your knowledge seems helpful or harmful.
You Have Relevant Documents-Similarly, if you possess documents or records that contain information relevant to the case, you’ll have to produce them per the subpoena.
The Subpoena was Properly Issued-As long as the subpoena was properly served and doesn’t demand privileged or irrelevant information, you may have to comply even if it’s inconvenient.
You Lack Legal Grounds to Object-If your objections lack any substantive legal basis, the court will simply order you to fully comply with the subpoena as issued.The bottom line is, you can’t just ignore a subpoena because you don’t feel like responding. Intentionally disobeying a valid subpoena can have serious legal consequences.
What If I Ignore a Subpoena?
We cannot stress this enough – do not simply ignore a subpoena! Failure to comply can quickly lead to civil or criminal contempt charges.The court has the power to impose sanctions and penalties like:
- Monetary fines (which can be recurring until compliance)
- Jail time for contempt of court
- Having the case resolved against you by default
- Being forced to pay the other side’s legal fees
In particularly egregious cases of willful non-compliance, you could potentially face criminal charges for obstructing justice or perjury.It’s always better to formally object and litigate the subpoena’s validity than to just blow it off entirely. Ignoring a subpoena is a risky move that can make a bad situation much worse.