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Do not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away.
Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
24.02. SUBPOENA DUCES TECUM. If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that the witness bring the same with him and produce it in court.
A subpoena is a court order that tells you which court to go to and when you have to be there. It will also tell you who asked you to come to court. The Crown prosecutor and defence lawyer will probably talk to you to find out what you know about the case before they decide to call you as a witness.
Choosing to try and avoid a subpoena is not an easy process. The person will need to hire an attorney, pay attorney fees in most cases, and will need to prepare a motion. If the motion fails, or if there are other reasons that a party may need the person to testify, they may not be excused.
4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.
Recommended Actions Thoroughly read the entire subpoena to find all relevant information. Consult your legal counsel about any questions or concerns. Attempt to informally resolve any issues before submitting a motion to object.