Legal Question in Civil Litigation in Pennsylvania

Subpoenas and Depositions

If you receive a subpoena and it is not

court ordered (to give a deposition at a

lawyer's office) do you have to go?

What happens if you don't go?


Asked on 4/23/08, 7:35 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Subpoenas and Depositions

You asked about responding to a subpoena.

Depending on the jurisdiction the lawyer can usually go to the court and seek a motion to show cause (why you shouldn't be held in contempt for ignoring the subpoena). When you receive that SUMMONS it will be to go to court where the court will ask why you felt you had the privilege to ignore a lawfully issued subpoena? And your answer will be? Duhhhhhh. The court will find you in contempt, fine you and award the attorney the fees and costs for the deposition you skipped and the fees and costs of the show cause motion.

Lawyers are officers of the court and when they issue a subpoena it is in their role as officers of the court. This process removes what would otherwise be a substantial burden on the court system for what is a very common and routine exercise.

Attend the deposition with your own lawyer, no matter what part you have to play in the case.

Regards,

Roger

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Answered on 4/24/08, 12:16 am


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