Subpoena

Question: Subpoena??????? How do I formally subpoena someone to be a witness in a civil matter in Lexington KY?

Answer: Your attorney -- or you, if you are handling your own case -- would go down to the courthouse where your case is assigned and fill out the paperwork to get an subpoena issued. Most courts have the Clerk of the Court issue subpoenas for routine matters, including witnesses. Check your local listings.

Question: subpoena??? i got scammed on ebay and ive been through this big mess trying to find out the guys information address etc well paypal will give it to be but thy keep chainging they needed my lawyer to call so she did then they needed the police to call they did now they say we need a subpoena i was wondering how to get one and does it cost money?Thanks

Answer: File a case in small claims court so that it will issue a subpoena to the offender for him to appear regarding the case. A minimal fee will be charged to you for filing the case.

Question: How do you subpoena Yahoo inc to verify date of sent emails in court? How would you do so? Whom do you contact at Yahoo? For a non-criminal case? What goes on exactly in the process of serving a subpoena anyway? Can anyone do it or do you need to have a lawyer? FYI Michael H it is easy to fake both the 'from' address and the time/date of emails. The only way to verify the date is to have the isp verify in fact the email was sent over their servers on such and such a date.

Answer: Good luck, buddy. You probably won't get them to do anything that entails them getting off their butts and actually doing anything.... with or without a subpoena.

Question: How do you determine if a Subpoena is real or bogus? Should the court be sending a subpoena or the attorneys? I got a subpoena sent via regular mail from a lawyer, i was told by someone that it might be bogus because subpoenas are should be sent via certified return receipt.

Answer: I thought that subpoenas had to be served by an officer of the court. Call your local police station to be safe.

Question: How to subpoena records from a police department? I am fighting a speeding ticket and defending myself. I am in Houston, TX. I want to subpoena the owner/intsruction manual for the Laser Radar Gun that the police officer used to record my speed. How do I do this, and is there a generic form i can use, or somewhere online that i can see what a subpeona would look like?

Answer: Much easier to search the web for the manufacturer and download the manual

Question: Subpoena - How to issue a subpoena for electronic records? I am involved with a "Failure to report an accident" in NJ and need to request a store for some surveillance tapes. I am trying to represent myself and need to issue a subpoena for electronic records. Can some one advise on how to do it?

Answer: Without a lawyer you will get no where fast.

Question: How do I subpoena a witness to write a deposition for a family court chambers hearing? The witness (a school employee) has been told by her employer that she cannot provide a statement unless I subpoena her. I thought a subpoena was only used if the witness testified in person. Can I subpoena this witness to provide a written statement for a Queens Bench Chambers Hearing? I need to know fast! **I live in Canada**

Answer: Go to your local court house, the clerks there are usually really nice, and will walk you through the process. I'm in US, but would assume it's the same everywhere!

Question: How do I subpoena someone's work schedule? I need to subpoena my ex's work schedule because the one she provides to me is not accurate. My minute order says that I get to care for my child while she works, but she's been lying. I have full custody and she thinks that she can pick up our daughter on her break and drop her off at her drunk mom's house. I needed to find out how to subpoena her Work for her work schedule. Please help!

Answer: Through a lawyer who will try to get the Court to grant your request. You cannot do this without a lawyer.

Question: What happens if someone does not receive a subpoena? If lets say in a domestic violence case the victim is subpoena'd to appear but does not receive the subpoena before the court date. What happens to the victim and to the case? I have heard that the case can be dropped all together. Anyone have something similar happen to them?

Answer: Good question. I was just going to ask something like this. I am browsing the subpoena questions to see what i could find & this is the right question im looking for.

Question: I am served with a subpoena, but i did not attend to the said date. What are the risks? I've been interviewed once by the investigators inside the office & 2 weeks later i received a subpoena saying to shed light to an investigation filed by our office. Does this mean the office doubted on my first testimonies? Please help! I did not able to attend in the investigation because of flood & heavy rains. Do i need a lawyer if i don't know anything on the crime investigating?

Answer: A subpoena is essentially an order to appear. Failure to do so usually results in an arrest warrant being issued, as the judicial system does not like people to thumb their nose at lawful orders. Being subpoenaed under such circumstances does not necessarily mean that they doubt what you've already said. It may mean that they want you to clarify your statement or provide additional details. You don't know what may be important to them and shouldn't try to guess. Unless you're being investigated and could be charged with a crime, you probably don't need an attorney of your own.

Question: What hours in California is a Subpoena allowed to be attempted to be served? I think someone is trying to serve a subpoena to someone in our house and coming around fairly late at night (after 9pm) and early in the morning (before 8) and ringing the door/etc. Is this legal? Aren't they supposed to be restricted to between 9-7 or so? I guess I'll let the dog deal with them if they continue to come by after 10pm and peering in the windows.

Answer: There are no time restrictions for serving a Subpoena.

Question: Can you do a subpoena when you file in small claims court? Can you do an information subpoena when you file in small claims court? I want to get a list of the 5-10 employees' names and then subpoena some of those employees as witnesses. I only know their first names. Obviously the business and the employees will not voluntarily tell me their names.

Answer: To get a list of the names, you would need to serve them with Interrogatories. Once you have the names, you can subpoena the employees you want. The problem is that small claims court is a pretty fast process. You generally need to have all of your information and evidence BEFORE you file because you are not going to have time to get the Interrogatories answered.

Question: How serious is a subpoena of information? My ex-girlfriend sued me over the summer, she won her case by default and I applied for a vacate of judgment and was denied. I now have received a subpoena of information. If I ignore this subpoena will I go to jail. She sued me in smalls claims court and the judgment is already on my credit report. Thanks!

Answer: they want to know where you work and what you own - so they can collect on the judgment. Go to court and work this out - it will not just go away. If your appeal period has ended , then just pay the judgment and more on.

Question: How do I subpoena a new lease agreement? To make a long story short, I have to take my former landlord to small claims court. He failed to send a check or an itemized statement in the allotted time allowed by California law. When he finally did send a check he charged me for carpet cleaning (among many other bogus things, like rent for the partial month and the check cleared my bank) and included NO receipts. I had neighbors tell me that he moved someone in to my unit the same day I did the walk through, and I personally drove by and saw furniture through the open door a few days later. But that is all heresay and I will need proof when I go before the judge. I know you can subpoena the records for the new lease agreement but I don't know how. My court case is on May 18th and I want to be well prepared. If anyone can help, I would greatly appreciate it.

Answer: You have to obtain a subpoena from the judge. You won't enough time, subpoenas have a 30 day response period, and that is after the judge signs them.

Question: How does a subpoena work in China? I have been told by a prosecuting attorney that they would like to Subpoena me to testify as a witness in a mortgage fraud case in the US. However, I am currently teaching English in China. How does a subpoena work in China? What should I expect? Also, are there any avenues to quash the subpoena due to the distance involved? What would be the consequences of not going?

Answer: You would certainly have to answer the subpoena; you can't just ignore it. It is unlikely they will try and compel you to appear due to the cost and distances involved. Ask them if there is a way you can be deposed by both prosecution and defense over the phone or in writing. I believe this is done often when the witness is not able to appear for one reason or another. If you don't answer, you will likely have a bench warrant issued for failure to appear. You would be subject to arrest upon your return.

Question: In Pennsylvania, do subpoena process servers have to be paid before they deliver any subpoenas? I was just wondering about this topic. Does the plaintiff in a case have to pay a process server before a subpoena is delivered? Or does a process server receive no payment until the subpoena is delivered?

Answer: The plaintiff pays for each delivery attempt, so yes they have to pay even if the subpoena is never delivered.

Question: How many times the court issue a subpoena before they issue warrant of arrest and how can i make settlement? How can i make settlement with the financing company if the court already send a subpoena? and how many times the court issue subpoena before they issue a warrant of arrest? If they issue a warrant of arrest does it mean i cannot work abroad or in other countries so that i could earn more money to pay my debts?

Answer: It depends on where you live and in which court your case is being heard. In some states, a lawsuit may proceed without you and a default judgment entered. From that, your wages may be garnished, bank accounts levied and personal property liened and sold. If you are not responding to a subpoena for a motion of discovery (compelling you to come to court and disclose information about your personal finances, such as the name of your employer, bank accounts, list of assets, etc.), a warrant for writ of bodily attachment may be issued and you will be taken to jail and remain there until the case in question is heard in court.

Question: Can a civil attorney subpoena the identity of a website user? Let's say I want to sue someone in civil court for internet libel on a public message board, but I do not know the defendant's real name and address. Can I hire a lawyer to subpoena this information from the message board's administrator? Or is the defendant's information protected unless a crime has been commited? Malia, this is not a criminal case. It's a civil case.

Answer: The lawyer would have to go to a judge and request a subpoena to get the defendants information. It can be done in a civil matter. However, more than likely this is not a case of libel if this is a true case, because it is only considered libel when a person loses something financially as a result of what is said. For instance, if you are fired from your job as a direct result of what that person published or something along those lines. If this is not the case, you don't have a lawsuit.

Question: How do I challenge a subpoena in a civil suit? Was curious to know if it is worth having legal representation should I be called as a witness to a civil suit via subpoena? Any particular knowledge I may have is heresay at best and the subpoena called by either party would only serve to embarrass me and cause me grief (in truth, I was only threatened that I could be called by the other party as well, but I sincerely doubt that). I just don't want to be involved in court and would like to protect my personal interests that would have no bearing on this suit whatsoever. Do I have any legal recourse to challenge a subpoena should one come my way? Due to the sensitivity of this matter, I cannot even describe what the case is in a general way, otherwise I would. All I can say is that the suit does not exist yet, it will be civil in nature, I don't want my name attached to this suit in any way, shape, or form. I plan on contacting a lawyer through my union after the holiday, but wanted to get a feel from you guys as well. Thanks.

Answer: You can file a motion to "Quash" the subpoena. A subpoena can be quashed if it is improper and you have no valid reason to testify.

Question: Can a person file a subpoena for financial documents? From what I understand about filing a subpoena, you have to be a licensed attorney. Is this the case if you are representing yourself as "pro se" Does the person have the same right to represent themselves as the opposing side? This is a domestic matter in Virginia. Thanks for your answers.

Answer: You can ask the court to issue a "subpoena duces tecum" on your behalf for the production of documents. You may need to file your request in the form of a motion and provide the opposing side with a copy. You may need the sheriff to serve the subpoena. You'll have to pay those costs as well as the subpoena costs and mileage.