While choosing which role I was going to do for one of our class projects, I starting thinking about subpoenas and what happens when people don't comply. So for this post I decided to focus on subpoenas: What are they exactly?; Compliance v. non-compliance; and what to do once you have received one.
What exactly is a subpoena?
A subpoena is a legal order commanding a person or organization to give sworn testimony at a specified time and place about a matter concerned in an investigation or a legal proceeding. A subpoena usually requires a person's presence at a trial or requires the presentation of tangible items in a specific legal setting. Subpoenas are often sent to witnesses, commanding them to appear before a court and testify for the party named in the subpoena. This subpoena is specifically called a subpoena ad testificandum.
Non-compliance
If you do not comply with the subpoena or respond in the proper, timely manner to it, you can become in "contempt of court," which simply means that you have not complied with certain court orders regarding a court trial or hearing, and that possible punishments/sanctions may be imposed for not complying with the court. The judge involved with the case has discretion to decide what is contempt and how to punish it. Jail or prison time is a possible and likely sanction for being in contempt of court, depending on the severity of the person's role in the case/trial.
http://legal-dictionary.thefreedictionary.com/Contempt+of+Court
If you have received a subpoena...
You should contact your lawyer immediately or get a lawyer if you don't already have one. You can contest a subpoena if you don't think it is valid or reasonable, but you must inform the court about your decision to challenge it. If you decide to accept it, and comply, most transportation costs should be covered. Costs and fees set according to the rules of the court should be named in the subpoena. You should receive cash or check before you appear in a civil case. You should receive an attendance fee and travel reimbursement after you testify in a criminal case.
This is only a brief overview of subpoenas and your options if you receive one. These are a few websites that were helpful in creating this post.
http://www.citmedialaw.org/legal-guide/responding-subpoenas
http://www.lectlaw.com/def2/s083.htm
Leave a comment