What are the consequences of not responding to a subpoena?

When you receive a subpoena, you either have to comply with its terms or challenge it through a legal process. If you fail to respond, you’ll be in contempt of court, which is punishable by jail time, a hefty fine, or both.

How do you quash a subpoena?

In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.

How do you 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 a judge force you to answer a question?

You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.

Are you required to respond to a subpoena?

The short answer is “yes,” you usually do have to timely respond to requests for your personal attendance or production of documents, with some exceptions noted below. Trial attorneys know that most folks are not happy to receive a subpoena.

What to do if someone ignores a subpoena?

No matter what, do NOT ignore the subpoena–that can result in you facing legal liability. Try contacting the prosecutor’s office and explaining the situation; they may be able to provide some alternative (video testimony, for example) or to arrange for some travel reimbursement or other economic assistance.

What happens if I ignore a subpoena?

DON’T IGNORE a subpoena.You should not ignore a subpoena, even if you don’t know what the lawsuit is about or you think you have no information concerning the lawsuit. The failure to respond to a subpoena could be deemed contempt of court. READ the subpoena completely.A subpoena can require you to do one or more things.

What happens if someone ignores a subpoena?

Ignoring subpoena’s can result in a warrant being issued, especially in a criminal proceeding. What you need to do is contact the Prosecutor’s office regarding the trial and testifying. Each state has rules that allow for testimony to be given other than in person depending on how far the witness is.

What happens if I ignore a subpeona?

A subpoena is a direct order from the court to appear at a certain date and time. If you fail to appear when requested, a bench warrant for your arrest may be issued for contempt of court. Accordingly, you could be jailed or fined.