You may be served with a subpoena requesting you to testify at a court proceeding or produce evidence to a court in lieu of testimony. For example, you could receive a subpoena if you were a bystander who witnessed a car accident. Alternatively, you may receive a subpoena if you or your business are in control of documents, records or other evidence that a party wants to use in litigation. It is very important that you consult with an attorney after you are served with a subpoena so you can respond properly.
In New Jersey, subpoenas usually come in three forms: subpoena ad testificandum, subpoena duces tecum and a subpoena for taking depositions. A subpoena ad testificandum seeks testimony in court from a witness or someone who generally has a connection with the subject litigation.
A subpoena duces tecum seeks the production of documents or other evidence in lieu of testimony, such as financial statements, medical records or video surveillance.
A deposition subpoena is used to obtain deposition testimony from a witness.
The party serving the subpoena must comply with specific rules in order for the subpoena to be legally effective. For example, the time to respond to a subpoena must be a reasonable time, usually not earlier than ten days. In the context of deposition subpoenas, a witness receives a fee and mileage up front in connection with the deposition. A party’s failure to comply with the subpoena rules when preparing and serving a subpoena can result in the subpoena being legally insufficient and unenforceable.
The consequences for failing to comply with a subpoena are serious. You can face civil penalties, money damages, or even jail time if you do not comply with the subpoena. A court will not hesitate to penalize you if you do not comply with a valid subpoena; however, a competent attorney may be able to mitigate the penalties.
Zack Whelan has represented many witnesses who have received subpoenas. He can advise you how to respond to the subpoena. He can support you during your testimony, and may be able to obtain more time for you to testify or issue a response. He is also able to identify and deal with potential liability issues that you could face as a result of responding to the subpoena. For example, Zack represented a non-party medical provider who received a subpoena for deposition testimony in a personal injury matter. Upon further investigation, he recognized that the medical provider was actually the target of the lawsuit and that the party who served the subpoena was seeking to circumvent the litigation process to establish liability against the provider. Zack was able to fight the subpoena and forced the litigant’s attorney go through the appropriate channels to seek testimony from the provider.
Chuck Whelan is a very skilled civil litigator in Somerset County, NJ who prepares and serves subpoenas often. His clients also receive subpoenas for testimony or documents and he will give guidance on production of documents or by giving support during deposition or trial testimony. He can identify whether documents may be withheld on grounds of confidentiality or privilege.
We are competent and experienced New Jersey litigation attorneys who are well-versed in civil and chancery litigation. We can guide you on how to appropriately respond to a subpoena and can support you when you testify or produce documents or other evidence.
Note in the case you are named in a subpoena that is served in connection with your job duties and responsibilities, e.g., a hospital nurse providing medical care to an assault victim. Depending on your employment contract or insurance policy, your employer or insurance company may reimburse your legal expenses incurred for defending the subpoena. If you believe you fit into this category, then please contact your employer or insurance company prior to speaking with an attorney.
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