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Subpoena Served in Greensboro? Dedicated Legal Minds by Your Side

You’ve Been Served with a Subpoena in Greensboro, Now What?

A Straightforward Guide to Handling Subpoenas Like a Pro

But, take a deep breath. Being served with a subpoena can feel overwhelming, but, you’ve got this. We’re here to walk you through it, step-by-step.Spodek Law Group has extensive experience handling tough legal situations nationwide. Our team of savvy attorneys thrives on simplifying complex matters into clear, actionable steps. So, let’s dive right in.

What Exactly Is a Subpoena?

A subpoena is a legal document that commands you to take a specific action. There are a few common types:

Subpoena to Testify: This requires you to show up and give testimony, either at a deposition or in court. It’s essentially summoning you as a witness.

Subpoena for Records: With this subpoena, you must produce specified documents, data, or other physical evidence by a certain date.

Subpoena for Both: Some subpoenas demand you bring documents and records when you arrive to testify.The key thing to understand? Ignoring a subpoena is a big no-no that can land you in serious legal trouble. But, don’t panic. We’ll show you how to respond properly.

First, Did They Actually “Serve” You?

Before doing anything else, confirm the subpoena was served to you legitimately. Why? Because you only have to follow a subpoena’s orders if it was delivered according to specific rules.In North Carolina, there are strict guidelines for serving subpoenas:

  • It must be hand-delivered to you by a sheriff, deputy, coroner, or process server over 18 and not involved in the case.
  • It can be mailed by certified mail with a return receipt.
  • For a subpoena to testify (not for records), it may be served over the phone by an authorized officer.

If it was just slipped under your door or left on your desk, that’s not valid service. The same applies if a friend or family member tried to informally deliver it.But, if it was served properly, you must respond in a timely manner per the instructions. The subpoena will specify a deadline – missing it can have consequences like being held in contempt of court.

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Christine Twomey
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Guerline Menard
Guerline Menard
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“This Seems Unreasonable…Can I Object?”

Absolutely, you have rights when it comes to responding to a subpoena. North Carolina laws allow you to file a written objection within 10 days of being served if:

  • The timeline for complying is unreasonably short
  • It seeks privileged or confidential information
  • Fulfilling the request would be overly burdensome or expensive
  • The subpoena has other procedural issues

Your objection letter must lay out the specific grounds for your objection and comply with Rule 11 of the NC Rules of Civil Procedure.The party who issued the subpoena will then have to go before a judge to get a court order forcing your compliance. Or, they may agree to modify or withdraw the subpoena based on your objections.

If You Don’t Object, How Do You Respond?

If you don’t have grounds to object or choose not to, you’ll need to respond to the subpoena by the deadline. Here are some common situations:

Subpoena for Documents/Records Only-The easiest way to respond is to simply gather the requested documents and records, make copies, and send them to the issuing party by the deadline.Include a copy of the subpoena itself, and consider having it hand-delivered to ensure proper delivery. If it’s just a few documents, you can also offer to bring them to the court or deposition in person.

Subpoena to Testify at a Deposition or Hearing-For this, you’ll need to appear at the specified time and location to provide oral testimony under oath. Prepare by reviewing any relevant records and being ready to answer questions truthfully.It’s wise to have your lawyer present, especially if you’ll be testifying about privileged or confidential information. They can object to inappropriate questions and protect your rights.

Subpoena for Both Testimony and Records-This combines the previous two situations. Bring copies of the requested documents, and be prepared to testify about them and answer additional questions.Again, having a lawyer present is highly advisable. They can ensure you don’t inadvertently disclose privileged material and that the questioning remains appropriate.

“But I Don’t Have Those Records Anymore!”

If you no longer possess the requested documents or evidence, you can’t just ignore the subpoena. Here’s what to do:First, make every reasonable effort to locate the materials within your “possession, custody, or control.” This includes searching digital files, off-site storage, old emails, etc.If you absolutely cannot find or obtain the requested items after exhausting all options, you’ll need to submit a sworn written statement explaining the situation.This statement, called a “return,” should detail the efforts you made to comply and state affirmatively that you do not have access to the materials sought. Be as specific as possible.The return acts as an official response to the subpoena. While you won’t face penalties for being unable to produce something you don’t have, failing to file a return could be considered contempt.

When You May Need to Hire a Lawyer

While you can respond to a basic subpoena yourself if it’s straightforward, there are situations where professional legal guidance is highly recommended:

  • The subpoena seeks privileged information like private health records
  • You need to redact parts of the requested documents
  • You anticipate having to object or file motions
  • You’re concerned about your rights or potential liability

An experienced attorney can ensure you respond appropriately, file any necessary objections properly, and avoid inadvertently disclosing privileged information.At Spodek Law Group, our nationwide team has over 50 years of combined experience handling all types of legal situations. We’re experts at cutting through complexity to protect your rights.

A Final Word on Subpoenas

At the end of the day, a subpoena is a court order that must be taken seriously. Ignoring one can have severe consequences like contempt charges, fines, or even arrest.But, you also have rights when it comes to the reasonableness of a subpoena’s requests. If it’s overly broad, burdensome, or demands privileged information, you can object or file motions.The best approach? Review the subpoena carefully, understand your options, and respond appropriately by the deadline. And if you need assistance, hire a proven legal team like Spodek Law Group.It’s simple. Every single client deserves honesty and white glove service. We deeply understand what you’re going through. Our attorneys are here to be your advocates and advisors every step of the way.

Dealing with a Subpoena? We’re Here to Help

At Spodek Law Group, we’ve guided countless clients through the stressful situation of receiving a subpoena. Our nationwide team has the expertise to:

  • Quickly assess your subpoena and situation
  • Advise you on the proper response
  • File any necessary objections or motions
  • Ensure you fully understand your rights and options
  • Represent you at depositions or court hearings
  • Protect you from inadvertently disclosing privileged information

Regardless of the type of subpoena, our top priority is shielding you from undue burden and getting the best possible outcome. We leave no stone unturned in building a vigorous defense.

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