Check out some similar questions!

Luckyst · Mar 4, 2009, 12:58 PM

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.

twinkiedooter · Mar 4, 2009, 01:10 PM

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.

JudyKayTee · Mar 4, 2009, 02:57 PM

Originally Posted by 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.

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.

Luckyst · Mar 4, 2009, 03:41 PM

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?

JudyKayTee · Mar 4, 2009, 04:39 PM

Originally Posted by 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?

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.

Luckyst · Mar 4, 2009, 06:11 PM

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? :)

JudyKayTee · Mar 4, 2009, 06:56 PM

Originally Posted by 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? :)

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!