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Dealing with a Subpoena in Akron? Trusted Legal Advisors to Advocate for You

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.

Christine Twomey
Christine Twomey
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
Very professional, very transparent, over all a great experience
Bee L
Bee L
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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.

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