There are only a few situations where you are legally allowed to object to a subpoena. Failing to comply with a subpoena will incur a large fine under normal circumstances. However, read this article to see when you are actually allowed object to it entirely under the law.
What is a subpoena?
A subpoena is a legal requirement for you to provide documents to a case. This is done either at a trial or hearing.
There are three types of subpoenas:
- Production subpoena means to produce the documents only. In this case, you don’t need to necessarily attend court on the date. You are only required to provide the documents in someway on or before the court date.
- A subpoena to give evidence on the other hand, requires that you attend the court on the day to give the evidence in person.
- A subpoena to give evidence AND produce documents also means you have to attend court on the set date and give this in person.
Objecting to a subpoena
If you have been served with one of the above 3 subpoenas, there are a few ways to object it legally. For the subpoena to give evidence, or the subpoena to give evidence and produce documents, you are able to fill out a specific application. This application can be either to object a part of the subpoena or the whole thing. The application will be reviewed externally before it can be confirmed you are able to object.
For the subpoena to produce documents only, it is a little more straight forward. There are clear rules given by the Government to state the circumstances in which you are able to object.
The three circumstances where you can object the subpoena to produce documents:
- The documents requested are not relevant.
- They are privileged documents, for example under patient/client privacy or a legal document made by a lawyer.
- If the subpoena is too broad, this also allows for you to object it.
- Another involved party may request to object the documents even if you don’t. If this happens you will be notified.
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Do I have to comply?
Besides objecting to a subpoena, there are also some situations where the subpoena does not even apply at all.
- If you were not served the subpoena according to Court rules.
- Conduct money should have been exchanged.
- The party that issued the subpoena have informed that you no longer need to comply with the subpoena.
- A Courts has made an order as such.
Conclusion
Since a subpoena is a legally binding document, it is definitely advised to consult a legal professional before taking any action. Make sure your situation is known to them so they can give you the best advice.
