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A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
You should call a lawyer immediately, note the scope of the search, watch and document where the authorities performed their search, and keep a record of any items seized. Subpoenas come in several flavors, and you may need someone trained in the law to help you determine what type of legal document you've received.
5. Tariff A of the Federal Court Rules provides that a witness or expert is entitled to be paid, by the party who arranged for or subpoenaed his or her attendance, the prescribed per diem plus reasonable travel expenses.
Steps for requesting a subpoena Fill out the subpoena form, available in the Forms section below. ... Bring the form to the court for a court clerk to sign. ... Deliver a copy of the subpoena to the other parties in the case.
You can object to the subpoena in writing, move to quash or modify a subpoena, or contact the adverse party in the lawsuit who may challenge the subpoena as well.
A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved. The assigned case docket number.
As a general rule, except for an accused in a criminal proceeding, all persons possessing relevant evidence can be compelled to testify in proceedings of all manner, both civil and criminal (see e.g., section 5 of the Canada Evidence Act).
Contempt of court means that you disobeyed a legal order, such as a subpoena, without a good reason (lawful excuse). If you are found guilty of contempt of court, you may be fined or given a jail term.