Legal Question in Business Law in California

subpoena protocol

I have been subpoenaed by a firm that is suing a company that I have ordered products from and done business with in the past. Can I refuse to be subjected to discovery testimony? And if I can, do I just ignore the subpoena or answer that I refuse to take part?


Asked on 12/07/06, 5:10 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: subpoena protocol

A subpoena is not a social invitation that you can simply decline. It creates a legal duty, and you can be punished for disobeying it.

If there is a legal defect in the subpoena you may be able to get a court to quash it, though the firm which issued it will probably just serve you with a corrected version. Your only other option is to ask the lawyers to withdraw the subpoena voluntarily, but you should not expect them to do this. Otherwise you should plan on testifying.

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Answered on 12/07/06, 5:19 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: subpoena protocol

Disobeying a subpoena is punishable by contempt of court. You can fined, ordered to pay a portion of the legal fees of the party who issued the subpoena or even jailed.

If you cannot negotiate some type of accomodation with the party who issued the subpoena, you cannot simply ignore it. If you have a legally compelling reason, you could file a motion to quash or a motion for a protective order. For example, if you had a medical condition that made it difficult for you to travel, this type of motion might be in order.

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Answered on 12/07/06, 5:46 pm
Terry A. Nelson Nelson & Lawless

Re: subpoena protocol

Only if you don't mind the penalties for contempt of court.

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Answered on 12/07/06, 6:21 pm


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