Rhode Island Plaintiff's Motion to Quash Subpoena
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How to fill out Rhode Island Plaintiff's Motion To Quash Subpoena?
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FAQ
Fill in: the case name and number; the name and address of the person being subpoenaed; and the date, time, and location of the court hearing where they're supposed to testify. Unlike a summons, which must be served by a Sheriff , or an authorized process server , a subpoena can be served by almost anyone.
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.
Once a subpoena is issued, it may be served on an individual in any of the following ways:E-mailed to the last known e-mail address of the individual (receipt acknowledgement requested); Certified mail to the last known address (return receipt requested); or. Hearing it read to you aloud.
Subpoena the Witness A court can force a potential witness to testify by issuing a subpoena. This is a court order that requires a person to appear in court for the purpose of providing testimony or producing certain evidence.
FILL IN THE CAPTION. Fill in the name of the case as shown on the notice of hearing you received. FILL IN THE NAME AND ADDRESS OF THE PERSON YOU WANT SUBPOENAED. CHOOSE "ATTEND" OR "PRODUCE" HAVE THE SUBPOENA SIGNED. MAKE PAYMENT OF $12.OOIDAY AND .2O/MILE TRANSPORTATION TO THE PERSON.
Although it may technically be possible to get a subpoena without a lawyer, doing so carries with it certain risks. For example, if the proper person is not named, the party may not receive the documents that he or she is requesting.An individual who is served with a subpoena may hire his or her own attorney.
Providing objections suspends your obligation to comply with the subpoena until or unless a court orders compliance, or you reach an agreement with the party that served you with the subpoena. If you do not wish to comply with the subpoena, you may file a motion to quash it before the date set forth on the subpoena.
If you want to take the risk, save the money you would have spent on a motion to quash (lawyers often charge from $2,000 to more than $3,000) and instead use it to settle the case if: a) you are served a summons and complaint, or b) you are actually targeted in an individual lawsuit against you.
In many counties, non-attorneys requesting a subpoena must file a request with the court and wait for the judge to sign an order before the clerk will sign and seal a subpoena duces tecum. Check with the clerk to determine if you need to file a request with the court and to get the correct form.
