Subpoena Troubles in Salt Lake City? Proven Law Firm to Guide You
So, what do you do if you get hit with one of these things? A subpoena can feel like a punch in the gut, especially if you have no idea why you‘re being dragged into a legal situation. But, take a deep breath. We’re here to walk you through it.First things first – a subpoena is a legal document that commands you to testify as a witness or provide evidence for a case. It‘s not something you can just ignore. Doing so could land you in contempt of court, which is basically a fancy way of saying you disobeyed a court order. And trust me, you don’t want to go down that road.Now, there are different types of subpoenas. One might require you to show up and spill the beans on the witness stand. Another could demand you hand over documents or other physical evidence relevant to the case. Sometimes, it’s a combination of both.
Contents
The Subpoena Breakdown
Testifying in Court
If the subpoena says you need to testify, it’ll specify where and when you need to be there. It’s kind of like a summons, except you‘re not the one on trial (at least not yet). Your job is to tell the truth, the whole truth, and nothing but the truth about whatever you know pertaining to the case.This can be pretty nerve-wracking, especially if you’ve never set foot in a courtroom before. But don’t worry, we’ll get to some tips on how to prepare for that a bit later.
Providing Evidence
On the other hand, if the subpoena wants you to provide documents or other evidence, it’ll list out exactly what they’re looking for. This is called a “subpoena duces tecum,” which is just a fancy Latin way of saying “you better bring what we asked for.”The key here is making sure you understand precisely what they want. If the wording is vague or overly broad, you may be able to challenge or narrow down the scope of the request. More on that in a minute.
Dealing with the Subpoena – Your Game Plan
Okay, now that we’ve covered the basics, let‘s talk strategy. Here are some tips on how to handle that subpoena like a pro:
1) Don’t Panic
I know, easier said than done. But freaking out won‘t help anyone. Take a few deep breaths and remind yourself that you’ve got this. Plenty of people get subpoenaed every day, and they make it through just fine.
2) Read It Carefully
Go over that subpoena with a fine-toothed comb. Make sure you understand exactly what‘s being asked of you, as well as any deadlines or instructions. Highlight, underline, make notes – do whatever you need to do to wrap your head around it.
3) Talk to a Lawyer
This is probably the most important step. Even if you think the subpoena seems pretty straightforward, get a legal professional involved. They can walk you through your rights and obligations to make sure you don’t accidentally do anything that could put you in hot water.At Spodek Law Group, our criminal defense attorneys have seen it all when it comes to subpoenas. We know how to protect your interests, whether that means negotiating the terms, challenging something that seems unreasonable, or simply prepping you to provide your testimony or evidence properly.
4) Gather Your Ducks
If the subpoena is asking you to supply documents or records, start pulling that stuff together right away. Make copies of everything too – you’ll want to hang onto your originals.As you’re doing this, pay close attention to make sure you have everything they’ve requested. If you’re missing something or don’t have access to certain materials, make a note of it so you can address it with your lawyer.
5) Prepare Your Testimony
If you’ve been summoned to testify, your lawyer can help you get ready. You may need to review documents or evidence to refresh your memory. Your lawyer can also do a mock questioning to help settle those courtroom jitters.The key is to be honest. Don’t try to manufacture testimony or stretch the truth. If you don’t know something or can’t recall certain details, just say so. It’s better than guessing and potentially opening yourself up to bigger issues.
6) Show Up (Or Respond)
Assuming you and your lawyer haven’t been able to get the subpoena withdrawn or modified, you‘ll need to follow through. If you‘re testifying, be on time and dress professionally. If you’re providing evidence, make sure your submissions are complete and organized.Failure to comply can lead to contempt charges, fines, or even arrests. So don‘t blow it off! Your lawyer will ensure you‘re dotting every i and crossing every t.
7) Ask About Fees
In some cases, you may be able to recoup costs associated with your time and efforts spent responding to the subpoena. Things like wages lost from missing work, hiring a lawyer, making copies, etc. Don‘t be afraid to ask – you shouldn‘t have to foot the entire bill for someone else‘s legal battle.
Challenging a Subpoena
Of course, there are situations where you may have legitimate grounds to challenge or limit the scope of a subpoena. Here are some examples:
The Request is Overly Broad: If the subpoena is asking for “any and all documents” related to something, that’s probably too broad. A request should be specific and narrow in scope.
Privileged Information: Some information may be protected by legal privileges. For instance, communications between spouses, attorneys and clients, doctors and patients, etc. If a subpoena is asking for privileged info, you can object.
Undue Burden: If complying with the subpoena would be overly burdensome or expensive for you, you may be able to get the terms modified or negotiated.
Irrelevance: If the documents or testimony requested have no bearing on the actual case, you can challenge the subpoena on relevance grounds.Your lawyer will be able to evaluate your specific situation and determine if you have a valid basis for challenging or limiting the subpoena. They can then file the appropriate motions with the court.