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-   -   Subpoena Duces Tecum (https://www.askmehelpdesk.com/showthread.php?t=324942)

  • Mar 4, 2009, 12:58 PM
    Luckyst
    Subpoena Duces Tecum
    I found a 'Subpoena Duces Tecum for Taking Deposition with Restraining Notice' tacked to my door. It is to be held at an attorney's office and stems from a business Landlord Tenant Judgement that was awarded last year. It is in an official format, but has no court stamps, signatures, etc. Is there a way to tell if it is official, or just a fishing expedition on the part of the landlord's attorney? What is the name of your state (only U.S. law)? What do I need to do, if anything. Can I show up and take the 5th on any questions? Can this be postponed?

    Thanks in advance for any help.
  • Mar 4, 2009, 01:10 PM
    twinkiedooter

    Call the Clerk's Office at the courthouse where the suit was filed. It should be at the top of the Subpoena. See if this is a real court case. If it is, the Clerk's Office should have a copy of this Subpoena as they will have had to stamp their official stamp onto this paper. You may have had a copy of this tacked onto your door. It should have been either mailed to you or served by a process server. See if the Clerk has a "Return of Service" on just how this Subpoena was served.

    If you wish this deposition to be delayed, contact the attorney's office and ask for a new date citing the reason you can't attend the date on the subpoena. If they refuse to reset the deposition, you will have to file a Motion for the Court to decide upon.


    If you do show up and refuse to answer any questions, the attorney could file a Motion to Compel you to answer these deposition questions with the Court and have the judge decide.
  • Mar 4, 2009, 02:57 PM
    JudyKayTee
    Quote:
    Originally Posted by twinkiedooter View Post
    Call the Clerk's Office at the courthouse where the suit was filed. It should be at the top of the Subpoena. See if this is a real court case. If it is, the Clerk's Office should have a copy of this Subpoena as they will have had to stamp their official stamp onto this paper. You may have had a copy of this tacked onto your door. It should have been either mailed to you or served by a process server. See if the Clerk has a "Return of Service" on just how this Subpoena was served.

    If you wish this deposition to be delayed, contact the attorney's office and ask for a new date citing the reason you can't attend the date on the subpoena. If they refuse to reset the deposition, you will have to file a Motion for the Court to decide upon.


    If you do show up and refuse to answer any questions, the attorney could file a Motion to Compel you to answer these deposition questions with the Court and have the judge decide.

    Must be a difference in the Courts - in my area there does not have to be a Court stamp on a Subpoena. The case/file number DOES have to given. This sounds like part 1 of nail and mail. Part 2 will be receipt of a copy in the mail.

    In my area there is ALWAYS a phone number provided with a line about "If you are unable to attend or would like additional information please call xxxx."

    You should have also received a check for travel expenses if you are not a party to the action.

    My company serves a ton of these. Once the case is assigned to a Judge the Attorney is able to generate a subpoena.
  • Mar 4, 2009, 03:41 PM
    Luckyst

    I forgot to include a couple of details. Yes, I am a party to the action. This is in NYS. The Deposition is to be in the attorney's office. Without hiring an attorney (having no money and a business that is suddenly generating negligible income, I am considering filing bankruptcy) is there anything I do not have to answer?
  • Mar 4, 2009, 04:39 PM
    JudyKayTee
    Quote:
    Originally Posted by Luckyst View Post
    I forgot to include a couple of details. Yes, I am a party to the action. This is in NYS. The Deposition is to be in the attorney's office. Without hiring an attorney (having no money and a business that is suddenly generating negligible income, I am considering filing bankruptcy) is there anything I do not have to answer?

    No, if you are a party you have been subpoenaed and must appear with the information requested or be held in contempt.

    I'm also in NY.
  • Mar 4, 2009, 06:11 PM
    Luckyst

    The strange part is that there is nothing specific mentioned in the subpoena that I am required to bring. I am simply to appear in his office. Why send a subpoena that doesn't require me to bring anything? Will that possibly buy me some time... because I won't have anything with me... never volunteer anything, right? :)
  • Mar 4, 2009, 06:56 PM
    JudyKayTee
    Quote:
    Originally Posted by Luckyst View Post
    The strange part is that there is nothing specific mentioned in the subpoena that I am required to bring. I am simply to appear in his office. Why send a subpoena that doesn't require me to bring anything? Will that possibly buy me some time...because I won't have anything with me...never volunteer anything, right? :)


    Very strange - simply put, a bare face subpoena requires YOU to present yourself. A duces tecum requires you to present yourself WITH INFORMATION.

    I'm surprised. And, no, I wouldn't volunteer to bring anything!

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