Re: subpoena what should i do?

Posted by lawguy (151.205.69.193) on March 14, 2003 at 10:55:27:

In Reply to: subpoena what should i do? posted by jim on March 14, 2003 at 10:25:52:

Is it a subpoena or a summons?

A subpoena would be for you to either give a testimony or deposition, or to turn over documents for inspection. This would be for a case in which you are not a party, but in which you have information relevant to the case. In other words, if its a supboena, you aren't being sued, you're just being commanded by the court to give information.

A summons would mean you are being sued.

Generally, a subpoena must be personally served upon you in order to be effective. i.e. they can't serve you by mail, they have to hand deliver it. But that may not be true for the state you live in.

If its a summons, I'd suggest going ahead and getting it, so that you could know what the suit is for and you would have an opportunity to defend, rather than risk a possible default judgment.

If its a subpoena, I'd probably just let them do their own work and either find you or give up trying. But don't go out of your way to avoid it, that would be contempt of court.

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