Legal Question in Construction Law in California

subpoena
2 years ago my unlicensed corporation was subcontracted out to a well established licensed grading contractor, (I no longer work there), to oversee all contracts, estimates and production. 2 weeks ago they call me asking if I remember a certain developer and details of thier contracts. The grading contracter asked if I would answer questions thier lawyer has. I want nothing to do with them, so, I gave them a professional ''No, I'm sorry.'' their response was they'd subpoena me or do whatever they have to do in order for me to give up any information that may help them in any way. Question: I was estimating jobs and approving contracts in thier companies name, more or less as an employee. My company name is not on any contract bid or any type of official document. Could I still be subpoened?

Asked on 3/15/07, 4:49 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: subpoena

Yes.

Your duty to appear in court or at a deposition has little or nothing to do with your personal involvement or possible personal liability. A subpoena is not a complaint or an indictment or even a summons. It is only an order to appear and testify. If it is a subpoena duces tecum, it is also an order to bring certain things (usually documents) with you.

You are subpoenaed not because you bear any liability or guilt - which may incidentally be possible - but because you may possess knowledge or have evidence in your possession, custody or control.

If you fail to respond to a properly drawn and served subpoena, you face penalties for contempt of court. That's what "subpoena" means in legal Latin - "under penalty."

You will be put under oath and not telling the truth may be perjury, but if you really don't remember facts you can always testify that you don't remember. You are entitled to have a lawyer representing you accompany you.

Answered on 3/15/07, 11:40 am

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