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Getting slapped with a subpoena can really ruin your day. One minute you’re going about your business, the next you’re expected to drop everything for a court date. But don’t stress too much if you think the subpoena wasn’t delivered properly. You may be able to get out of it.
First, let’s cover the basics. A subpoena is a legal document from a court demanding you show up and testify or hand over evidence. There are two kinds:
These suckers are used in both civil and criminal cases. The court needs them to force people to cooperate with legal proceedings.
For a subpoena to fly, it’s gotta be served properly. The rules depend on whether it’s for an individual or company.
To serve an individual, the process server has to:
Mailing or emailing a subpoena doesn’t cut it. The server has to hand it over in person.
For companies, partnerships, etc. the subpoena has to be given to:
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Google rating score: 4.9 of 5, based on 736 reviewsAgain, it can’t just be tossed in the mail. The rules vary a bit by state, but personal service is key.
In most states, you need to be served at least 10-15 days before the court date. That gives you time to clear your schedule and get your ducks in a row.
If something smells fishy about how you got the subpoena, you might be able to get it tossed out. Some common reasons include:
The rules vary by state, so look up the requirements where you live. Even small mistakes could make the subpoena invalid.
If you want to challenge the subpoena, you’ll need to file a motion to quash with the court that issued it. Here are the basic steps:
The process varies by court, so talk to the clerk to make sure you do it right.
It’s tempting to pretend you never got the subpoena, but that can seriously backfire. If you ditch a court date, the judge could hold you in contempt of court. That can mean fines or even jail time.
Take the legal route and file the motion to quash. That way if the subpoena gets tossed, you’re in the clear.
This stuff can get complicated, especially if you don’t have a law degree. Having a lawyer handle it for you is highly recommended. They can:
Even if you think you can swing it solo, a lawyer can give you guidance and peace of mind.
If there’s no time to file the motion to quash before the court date, you can ask the judge for an extension. Explain in writing why you need more time.
If that fails, show up on the date listed and tell the judge you intend to challenge service. They may pause things to let you file the motion.
If you get the subpoena quashed, ask the court to make the other party pay for expenses like:
Keep good records so you can prove the amounts.
Fighting a subpoena takes knowledge of court procedures.
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