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A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines.
You can get out of a court subpoena by filing a motion to quash the subpoena with the court. To file the motion, however, you must have a very good reason that will convince the court that you should not have to appear and testify.
Fill out and file a Request to Quash the Subpoena.Give your reasons for your objections to the Subpoena and what it is asking for.You can object to having to attend the hearing or trial, and explain why.You can object to bringing some or all the documents that the other party requested in his or her Subpoena.
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
In New South Wales, Notices to Produce are governed by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A Notice to Produce is a procedure through which a party to proceedings may serve on another party a notice requiring the production of specified documents, or things (such as a computer).
The subpoena is a court order telling you to appear in court at a specific time and place. If you do not obey the order, you can be charged with a crime. The judge decides on the penalty which can include a fine or jail time or both.
Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both.
Receiving a subpoena (summons) At this stage you do not have to answer their questions unless you want to; but if either lawyer subpoenas you as a witness, you must go to court. If you receive a subpoena, you should arrange for time off work and for someone to look after your children while you are in court.
A notice to produce is used by a party to proceedings to request documents or other items. A reasonable period of time to respond to a notice to produce is 14 days after service of the notice. Unlike a subpoena, a notice to produce does not require conduct money.