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(1) Method of Service. A subpoena may be served by any person authorized to serve process, or the witness may acknowledge service in writing on the subpoena.
California allows multiple people to challenge a third-party subpoena. The person or organization served with the subpoena may object to all or part of it, or they may file a motion for a protective order or to quash the subpoena in the court where the lawsuit is pending.
The defense has limited options for trying to interview uncooperative prosecution witnesses before trial.In some jurisdictions, the defense can serve witnesses with subpoenas that compel them to answer questions at a deposition (an out-of-court session at which the witness may be questioned under oath).
If you're served with a subpoena or you waive service and you do not show up, then you will be held in contempt of court, says Eytan. Even if you don't want to testifysay, against someone you know, like a family member or friendand you go to court but refuse to answer questions, you can also be held in contempt.
While the Federal Rules of Civil Procedure primarily focus on rights and obligations of parties, Rule 45 permits parties to serve a non-party with a subpoena for production of documents. That same rule affords the non-party with certain rights and obligations.
If you want to object to any part of the subpoena, you may serve the other side with written objections, usually before the earlier of the date stated in the subpoena or 14 days after you receive the subpoena.Every objection should state the legal grounds for the objection.
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.If there is a legal reason that would permit you to avoid testifying or providing documents, you can file a motion to quash the subpoena.
Failure to do so can result in court sanctions. Some purported subpoenas are not valid. For example, if a subpoena violates a case management order or a local rule, or the subpoena issued from another state, the subpoena may be invalid and you may not need to respond at all.
To challenge a subpoena, you may: File a motion to quash the subpoena; Serve written objections to the document request; and/or. Seek a protective order to protect you from unreasonable demands or the invasion of your privacy.