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Subpoenas

A subpoena is an order from a court summoning a person to appear at a trial. If the person does not comply with the subpoena, the court has the discretion to hold the person in contempt or penalize accordingly.

420 Questions

How do you subpoena a person for court?

Ask the court clerk to have the judge issue a subpoena for whomever for purposes of testimony...and an additional subpoena (duces tecum) if that person is to bring any records with them to court, * Judges only deal with such matters if the case is being brought in a small community. The office of the clerk of the circuit court or other court venue handles all the documentation pertaining to civil litigation. It is the plaintiff's or the plaintiff's legal counsel's responsibility to request any additional interrogatories (discovery documents). Duces Tecum is a procedure generally reserved for civil litigation by businesses or by a prosecutor. In civil litigation by/for an individual (plaintiff) a Request For Production of Documents is used.

Can a US prosecutor subpoena cell phone text messages?

Yes. If the messages are still available they can be subpoenaed. Even if they are deleted hey can still be accessed.

Do you have to answer a information subpoena?

Yes, you do as long as you are the judgment debtor of the person serving the subpoena on you and as long as it was issued properly. If you ignore the subpoena, the creditor could apply to the court for an order directing you to answer it. If the order is served on you and you still refuse to answer it, the creditor can apply for an order to hold you in contempt of the court order, which could subject you to arrest. This type of arrest is not a criminal arrest, but the court might decide to keep you in jail until you do answer the information subpoena.

Are all subpoenas valid to authorize release of medical records?

NO, the truth is that: Some jurisdictions require both a subpoena and release from the patient to authorize release of records. /C/

Correction:HIPAA, being the predominant law protecting Healthcare Information allows release of a patient's designated record set with or without their consent or authorization under a subpoena, court order, grand jury subpoena or even with an Administrative Letter from law enforcement.

The patient should be notified in time to object to and oppose the subpoena, and a protective order should be created by the plaintiff requesting the court seal the health information from public release.

There are quite a few other situations which allow the Covered Entity (CE -- Caregiver) to release patient records without patient consent. You might want to check HIPAA Privacy Rule section 164.512 (f)-(h) or further.

If you are delivered a subpoena it means you must?

Generally, it means you are required to appear at a court hearing.

You are either being sued by someone, or you have knowledge and/or evidence that you need to present to the court.

What if you were told they are trying to serve you a subpoena and they don't get it served before the court date are you in violation if you don't go to court?

You could be. WHO told you they were trying to serve you? If it can be proven that you were "dodging" the service of the subpoena you could be charged.

When a lawsuit is filed in Massachusetts and plaintiff is a Mass resident but defendant is Maryland resident can the defendant be issued a subpoena to be deposed in Massachusetts?

Your attorney would be best to answer that questions. Since we do not have the full facts of the case and this place does not provide legal advice since not everyone here is an attorney.

Call your lawyer or Google one for a free consultation.

If a show cause order is issued which of the following is most likely the case?

The answer is someone failed to respond to a subpoena or court order originally issued.

Can an expunged record go through a subpoena?

The question is unclear.

(1) You cannot have an expungement awarded to you via a subpoena.

(2) If someone subpoenas your expunged record it IS available, but they would have to show cause why it should be released to them, and it would have to be released by a judicial order. Once your record is expunged it is not available to the public - but it IS available to law enforcement, the courts, government agencies and those organizations that conduct security clearance background checks for the government.

What is a criminal subpoena?

A criminal subpoena is an official notice to appear, issued by the court, regarding a criminal (as opposed to civil) matter.

In Florida i had a subpoena for deposition served at my home i was not home and the proccessor gave this paperwork to a roommate living here shouldn't it be served to me and only me?

no, In Florida as long as you live at the address they can deliver it to whomever and that person usually signs or gives a name since they are taking it on your behalf

Do you have to go to court if you are not given the subpoena in person?

More information is needed to answer this question. If you were court-ordered (by the judge) to appear, no further notification is legally necessary. If a subpoena/summons was left with a member of your household who acknowledged that you resided there it is considered as having been served.

What is the penalty for failure to appear after receiving a subpoena in a state i no longer live in?

If a court ordered you to appear and you didn't, then a warrant will be issued for your arrest.

What excuses can be used to get out of a subpoena?

Once a subpoena has been properly served, there is not much that one can do to legally elude their responsibility to the court system. However, the operative word is "properly." If a subpoena is dropped off at a place of business or delivered by mail, one could claim "ineffective service." Individuals who serve subpoenas must be able to testify to a judge that they indeed served the subpoena properly (they must be able to verify that the documents reached their intended recipient).

What is the difference between a summons and a subpoena?

A subpoena is an order directed to an individual commanding him to appear in court on a certain day to testify or produce documents in a pending lawsuit.

A summons is a paper issued by a court informing a person that a complaint has been filed against her.

Who can bring documents other than the person directed by court bring the documents for a subpoena duces tecum?

In order to be introduced into the court proceedings they must have "relevance" to the case being heard. Only the person in receipt of the Duces Tecum knows what documents are spelled out as being relevant by the court. Other persons who wish to introduce what THEY think may be helpful can approach counsel for either side and OFFER their information or documents, but that is no guarantee that their information will be admitted.

How do you subpoena someone to court from home?

If you have an attorney representing you, he or she can create the subpoena and have it served on the witness. If you don't have representation, you must ask the court to issue the subpoena. You may then be required to pay the costs for a process server, constable, or deputy sheriff to serve the subpoena on the witness.

Are subpoenas directly from lawyers legal in the state of Texas?

176.4 Who May Issue. A subpoena may be issued by: (a) the clerk of the appropriate district, county, or justice court, who must provide the party requesting the subpoena with an original and a copy for each witness to be completed by the party; (b) AN ATTORNEY AUTHORIZED TO PRACTICE IN THE STATE OF TEXAS, as an officer of the court; or (c) an officer authorized to take depositions in this State, who must issue the subpoena immediately on a request accompanied by a notice to take a deposition under Rules 199 or 200, or a notice under Rule 205.3, and who may also serve the notice with the subpoena.