Frequently Asked Questions About Subpeonas
One of Our Court Reporting Services for All Areas of Practice
Cady Reporting offers the latest in state-of-the-art realtime reporting, legal video, trial support and conference hosting!
The Most Frequently Asked Questions About Subpoenas
What is a Subpoena?
A subpoena is a legal document that demands the presence of a person to testify (be it for a deposition or trial) as a witness at a specific date, time, and location. They are time sensitive, and must be confirmed within a certain time frame. The person receiving the subpoena usually has to produce documents or potentially evidence for the legal proceeding.
Who issues the Subpoena?
An attorney or individual can issue a subpoena with court-supplied forms, and can be issued for any type of case. Government agencies conducting investigations may also issue a subpoena.
What are the different types of Subpoena?
There are three different types of subpoenas.
- Witness Subpoena– a court order that requires a person to appear in court to testify as a witness on a specific date.
- Subpoena Duces Tecum– stands for “subpoena for production of evidence.” The person subpoenaed to required to produce documents or records on a certain date that are relevant to a case. This can often be done through mail or email if arranged in advance.
- Deposition Subpoena– a person who is not a party to a lawsuit must provide copies of business records, or appear at a deposition to answer questions, if asked by one party of a lawsuit. This is usually issued before trial and may not even be used during an actual hearing.
What is a “Service of Process?”
A “service of process” is the delivery of a court order to an individual or company. A service of process could be an “Summons and Complaint” that initiates a lawsuit, or a subpoena. A “summons and complaint” requests that an individual or representative of a company appear in court to defend oneself.
What is required from a “Service of Process?”
For both “summons and complaint” and “subpoenas,” the formal documents or testimonies requested must be delivered.
What are the penalties if a subpoena is ignored/not complied with?
If a person does not respond to the subpoena, there area number of ways they may be published– from monetary sanctions to imprisonment (though that is rare). A hearing is held for the person charged with noncompliance, and the court determines how appropriate their noncompliance is. It is better to simply oblige to a subpoena, as the court will likely just order the person to produce the documents, and they will be charged with attorneys’ fees.
Schedule a Service!
Our Cleveland, Ohio Offices
Western Reserve Building
1468 West 9th Street
Cleveland, Ohio 44113
Cleveland, Ohio Court Reporters
Cleveland Legal and Court Reporting News
Do you have an internet connection and a webcam? (Or another internet-capable device?) Then you are ready for your deposition! You can experience a life-like deposition while staying safe and comfortable in your own home or office. In a remote or Zoom deposition, you...
Hello to all of you! We hope that you continue to stay safe and well. As we all try and stay safe in this environment of COVID-19, we realize that taking in-person depositions is made difficult by the social distancing requirements. Cady Reporting would like to make...
Credit: Ghidotti Communications Cady Reporting is pleased to announce their remote deposition services. Remote depositions allow attorneys and their entire legal teams to meet "face-to-face" without leaving the comfort and safety of their home. Clients can share...
Let's do a quick check of your equipment. You will need the following for a virtual deposition: Laptop, iPad, computer or other device that has a camera, microphone and can connect to wifi. If you don't have a device that has a camera and/or microphone, there are...
What did Cady and their wild team of Cleveland-based court reporters do this past week? To review and whew! What a great week! 😊 Let’s take a look where our court reporters were the past few days. This week our court reporters and legal videographers covered...
Picture this - hundreds of drones flying over an earth burnt to ash by wildfires. They rapidly fire seed pods into the ground so thousands of trees per month can begin to sprout and reforest the planet. Sounds fake, right? Believe it or not, this is a real scenario...