This form is a subpoena for a Rule 2004 examination. The form lists: the place of the testimony, the date, the time, and the signature of the issuing officer.
Subpoena for Rule 2004 Examination - Post 2005 Act
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Multi-State
Control #:
US-BKR-1
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FAQ
Do not ignore the subpoena.Your response to the subpoena should both preserve your rights and also comply with court rules. An incorrect response or a failure to respond to a subpoena can have serious consequences, such as fines for contempt or the waiver of your rights.
A Subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the Subpoena. Subpoenas are used in both criminal and civil cases.
A subpoena is a written order to compel an individual to give testimony on a particular subject, often before a court, but sometimes in other proceedings (such as a Congressional inquiry). Failure to comply with such an order to appear may be punishable as contempt.
Contact the lawyer who subpoenaed you and ask him/her to let you off the hook or alternatively postpone the trial. If you have a good excuse and the lawyer will not relent, get an attorney you know to contact the judge to get the case postponed.
Another way to enforce a subpoena against a non-party witness is to move for contempt sanctions and/or to compel compliance under FRCP 45. FRCP 45 may serve as a basis to enforce a subpoena where the non-party witness: Fails to appear to testify at a deposition. Fails to appear to testify at trial.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Don't ever think you can simply ignore a subpoena. Even if you have a legitimate reason to avoid the subpoena, you need to respond and explain your position. If you ignore the subpoena, you can be held in contempt of court.
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...
If a witness appears in court and refuses to testify, they could be fined, jailed or even charged with a criminal offense. Refusing to testify (criminal contempt) is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine.