Quick Answer: Do I Have To Respond To A Subpoena?

What happens if you don’t respond to a subpoena?

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena.

In such cases, the outcome is more likely to be an order to produce, coupled with an award of attorneys’ fees to the party that had to initiate the contempt proceedings..

Can you refuse a subpoena?

You cannot “refuse to accept” a subpoena. The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her face.

How do you respond to a subpoena?

Determine How to Respond to, or Challenge, the Third-Party SubpoenaComply with the subpoena and provide the requested documents. … Object to the subpoena. … Move to quash the subpoena. … Contact the party that served the subpoena to attempt to resolve the requests informally. … Contact the adverse party.

Do subpoenas have to be served in person?

Serve a copy of the Civil Subpoena on the person you want to come to court. It must be served within a “reasonable time” in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

What is the punishment for ignoring a subpoena?

The criminal offense of contempt of Congress sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000 or less than $100.

How can I get out of a subpoena?

You can get out of a court subpoena by filing a motion to quash the subpoena with the court. To file the motion, however, you must have a very good reason that will convince the court that you should not have to appear and testify.

Can you plead the fifth on a subpoena?

Witnesses subpoenaed to testify must testify, but can plead the fifth for questions that they deem are self-incriminating. Prosecutors may offer witnesses immunity in exchange for their testimony. Witnesses with immunity will not be charged for any incriminating statements made while testifying.

How are subpoenas delivered?

Service of subpoenas requiring attendance If the subpoena requires the person subpoenaed to attend to give evidence, you must arrange to have the subpoena served by hand to the person subpoenaed. … If the subpoena is not served personally, the person subpoenaed is not required to comply with the subpoena.