If you’ve been served with a subpoena, don’t ignore it. A subpoena is a former order that seeks testimony from individuals or companies. A subpoena duces tecum is a former order that seeks testimony and documents from individuals or companies.
Generally, the person that serves you or your company with a subpoena is seeking information that they believe is helpful evidence related to their lawsuit. You or your company may be subpoenaed for testimony under oath at a deposition, trial, or both. Alternatively, you may receive a subpoena solely for the purpose of producing documents prior to trial.
If you or your company have been served with a subpoena, it is important to contact your attorney as soon as possible because there are deadlines that need to be respected in order to not waive any of you or your company’s rights. If you do not take any action, it is possible that you waive the protection of the confidentiality of your personal or business information.
It is important to note that simply because you have been served with a subpoena does not mean that you are a party to the lawsuit. It simply means that you or your company must testify, produce documents, or object to the subpoena requests.
Therefore, it is important to follow these steps if you or your company receives a subpoena:
- Contact your attorney immediately. If you do not respond to the subpoena in a timely manner, then you risk waiving your rights to object to the subpoena requests.
- Do not speak to anyone other than your attorney about the subpoena. Any conversations you have with a third party will be discoverable information. However, any conversations with your attorney are protected under the attorney-client privilege.
- If you decide to forego the advice of an attorney, prepare a timely response to the subpoena. Your response to the subpoena should be timely and a failure to respond could lead to waiver of your rights or court sanctions.
Rodriguez Lopez, APC has extensive experience representing individuals, small and large businesses, government entities, and nonprofits in litigation. If you have been served with a subpoena and need help determining next steps, contact a Los Angeles business litigation attorney at Rodriguez Lopez, APC to see how we can help.