Subpoena process explained by Attorney Steve!
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- Опубликовано: 16 ноя 2015
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Subpoenas are a powerful litigation tool in state and federal litigation. It is important to understand what a subpoena is, how to respond, and potential (limited) grounds to Quash the subpoena.
In this video from our "Litigation Whiteboard®" series, Attorney Steve Vondran discusses and defines the following terms:
1. Subpoena
2. Motion to Quash
3. Protective Order
4. Confidentiality Agreement
5. Civil contempt order
6. Common objections when served a subpoena
If you are served a subpoena, we can help you evaluate your legal position and respond as needed. We also help litigants (both Plaintiff's and Defendants) in state and federal lawsuits, business and real estate arbitration, intellectual property and insurance law matters. Call us at (877) 276-5084. We hope you enjoy this video. Make sure to SUBSCRIBE for FREE video law updates!!!
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Steve, you did an OUTSTANDING job of making a complicated process, easier to understand.
That is a rather large lapel mic, or maybe it's a digital audio recorder.
Thank you, again, again, an again, - again. Steve, Attorney Steve.
Thank you for the hearty words David!!!
I used to work for an retail company when an incident happened 3 years ago, I was the one who called the ambulance and police back then, I'm not working for that company anymore. 2 months ago, a Lawyer from that company called me to give him an statement, and if I have evidence. I gave it some details about what happened years ago. Now he called me again today, and wants me to testify for that case, or he will subpoena me. I told him, I don't have nothing to do with that, im not working or I care about what's happening with that company anymore? So the last thing he told me is that he was going to use his legal resources to make me want to help my former employer. What can I do about it? I didn't give them my current address, all they have is my cellphone number
I love you Sir. You are the best. I have watched almost all of your videos. YOU ARE THE BEST. THANK YOU SO MUCH FOR YOUR VIDEOS.
Why am I STILL required to go to court, if I was told that no further action is required?
I got beat up by a homeless lady a couple of months ago. An Assistant State Attorney called me & asked me to tell her what happened, & she kept trying to convince me to continue with the charges when I was trying to drop them. She told me that no further action was needed.
Then, last Monday an investigator, who didn't even initially introduce herself, hunted me down & found my exact hotel room, & gave me a subpoena for January 4, that says that if I don't call over the phone, then I'll have to go to jail for contempt of court.
I don't know much about the law, & I'm disabled.
Please give me some advice & help me out. I am losing sleep because of this.
Thanks Steve.
these are wonderful videos good sir steve, thank you for the information
You are very welcome, when I am done, everyone will better understand the U.S. legal system. That has always been my goal. Steve
Thanks Steve, you are hero dude!!
Thank you Terence, glad you liked my subpoena video. This is getting more important with ISP's being sent subpoenas in BitTorrent illegal download cases. Appreciate your comments.
Can someone that doesnt know info about someone like name, gmail or just he doesnt know anything. can he send subpoena to someone that he doesnt know anything about him?
Steve vondran
I have a question about a subpoena a witness from the county in the State of California ... I had a person serve a subpoena to a witness yesterday. I received a call from there lawyers today asking for $275 to witness for my understanding somewhere it supposed $0 if are facing a hardship or have a fee waiver or the most it will be around a $35.00 plus a .20c per mile.? I received he intimidating me over the phone asking for $275 for the witness and he told me he was alsi going to squash The subpoena and I had to pay attorneys fees more than $1,000 + $275 do you think this is true?🤔
My other question is this county attorney is getting pay by the county since he works for the county employee how does it work the county has an attorney for their employees therefore this that taxpayers money ?🤔
I am in low-income person? I reach out to them for legal for a real estate fraud. A person change there legal name to claim a property in Question..
this is your 3rd video.....they're great. I'll be in litigation for various cases for about the next 3 years 🙁 but you have a lot of ideas and explain things that are making it less intimidating. wish I'd found you sooner !! thank you 🌵😊
Thank you, and good luck to you!! Steve
That's what I'm saying 😀
Greatest 10:06 on freedom
Thanks so much, but what if I already have the documents needed? Will it be more valid to have it gotten from the defendant? Can I just spring it up in the trial? Should I put it into evidence now as exhibit A B C and D? Do I serve the exhibits? Do I have to file the return of service for every single thing I serve and get back the return?
Do you need a court case number to file for a subpoena? I just wanted the info not a case unless refused. For fed agency do I need a fed clerk?
is the subpoena the same as a writ of discovery?
Could you explain how this would be done in family court, would a lawyer serve request to opposing council, for documents by by sobpoena and if the council complied you can then serve the Sobpoena to the bank for those records to be provided and if they object would you have to file a motion for the court to grant it, could you explain is this would be the process?
Thank you!
You are welcome!! Have a great day! Steve
Did I have to give opposing party copies of subpoena before it’s served in civil court?
Someone called a family member twice and said there was a claim against me but they wouldn't leave a name. I looked up the county records in that county and there wasn't anything under my name.
Should i call the # back? I didnt want to because i thought the whole thing was shady
Wouldn't the subpoena necessarily require you to already be in a Court Room setting ?
Unbeleivable !
Can you Subpoena with out a case number? Or without a small claims filing
For example you just want a recording from utility company
Im going to follow you Sir stay at enjoy vlogging we are connecting both ✌️ God bless 🙏
Does the person that is serving the paperwork, take it to court?. Or does the one being served take it to court?. Thank you
this guy is the best v for victory
Great video!
Appreciate it, thank you!! SV
@@attorneysteve THANK YOU STEVE!!
@@attorneysteveb
V
@@attorneysteve vvb
@@attorneysteve v8v
Mandamus is the proper remedy to compel the quashal of a subpoena duces tecum for the production before a grand jury of attorney-client privilege.[17][18] Presumably, this would apply to attorney work product, although there is no case law on the matter.[19]
Spencer, Shaun B., CyberSLAPP Suits and John Doe Subpoenas: Balancing Anonymity and Accountability in Cyberspace (March 1, 2001). 19 John Marshall Journal of Computer & Information Law 493 (2001). Available at SSRN: ssrn.com/abstract=2221945
Great info. Is a quash has a form?
I'm in Florida facing a horribly fraudulent foreclosure--only a few lawyers here that really fight and they won't in this county because they are so corrupt---so I am having a motion to strike their "verified " complaint and want to examine a) the alleged verifier and b) the notary that allegedly witnessed the power of attorney and examine her "books", I know 100% the poa is forged but I have to get them into the hearing on a motion to strike..anyone know how to do this?
How do you aquire a subpoena? Because the city clerk that I asked for the paperwork to fill out and bring back after I made a copy said no.
See if this provides the information you are looking for!! www.wikihow.com/Subpoena-Documents
I have a question. I have a 20 year old I'm mentoring who I need to testify for me at a probation revocation hearing. If she doesn't make it, I'm screwed. We had a deal for her to meet with me at my doctor appointment and tell him why I should not be required to take medicine for a condition I don't have and she could have possibly saved me, but she is 20 and has no proper parental, friend, or any guidance, has turned to me over time for really basic stuff, and yet she flaked 3 times. Now because of her flakes, I have a big legal battle that I will be fighting myself (and intentionally drawing it out) and she HAS to be there. I plan to tell her today that when the day comes, I WILL subpoena her no matter how much she says she understands and knows what she did wrong and is sorry blah blah blah and doesn't need it. It will happen regardless. This is the only way she will ever learn. But if she still doesn't show up, I don't want 6 months in jail or up to a 1,000 fine for her. If she doesn't show, is there a way for me to go out of my way and tell the judge basically "DON'T PENALIZE HER IN ANY WAY. I take it back. Let's just set a new date and try again"? She's not the jail type nor is she rich. I'm paying for her school, supplies, and bills just to give her an education and fair chance at life. I'm just doing this because I have to for my own self-preservation. What do I do?
I know what to do. I just need to know how to convince her and prepare to tell whoever can NOT to penalize her if she still flakes.
When I summons a discovery record and theres missing video footage can I file a tampering with evidence and abuse of process with perjury under oath . ,
You need to discuss with counsel in your state who can review the facts and pertinent law.
@@attorneysteve do you have any videos regarding . What are the steps about reporting real estate fraud?
Can a subpoena be issued on closed bank accounts?
Ann Gooden - yes since the bank is required to maintain the history and activity of the account even if it is closed. The length of time is probably variable based on the bank. But often its too expensive to preserve the records too long. Also the bank itself likely would not preserve past the time of legal requirements simply because it may incur risk to the bank itself.
How much do you charge for “calling an attorney?”
I need my daughters tax forms prepared and I need the amount of the ssi check she gets for my daughter to reduce my support
hey Stev ... what about a DEA subpoena ? how you respond to that ? thanks
Ooh, good one - a bit out of my league though being a criminal law issue (I like to keep it "civil" so to speak). Thanks for the idea!! Steve
What happens if a State witness (main Trooper) is now fired and has failed to comply with a subpoena twice for a deposition? Know of any caselaw pertaining to this? Thank you in advance.
You need to google failure to respond to a subpoena in your state. Good luck!
@@attorneysteve Thank you!
Steve Vondran
Thanks for the upload.
FYI.
I should have studied law.
You are welcome. I always tell people "it's never too late to be who you might have been." I went to law school later in life. Cheers! Steve
Steve Vondran
Cheers.
How expensive is this supoena ?
Can someone that doesnt know info about someone like name, gmail or just he doesnt know anything. can he send subpoena to someone that he doesnt know anything about him?
Subpoenas can sent to anyone 24/7 via email, fax, and even text message. Just write "SUBPOENA" and "ALL INFO" and that's it..if they don't give you what you'll need they be thrown in prison.
So if you get subpoena to testify at court because you’re a “witness” and you don’t show up the worst they can do is hold you with contempt of court which is a few months in jail?
Yeah right...
How much does filing a subpoena cost without a lawyer? Can you file one on your own?
Depends on the court. Process(served) services by Sheriff’s Office cost me $25.
Could you do a video on the process of serving the subpoena on line?
Let me add that to my list....thanks Maria! Steve
how to subpoena records of hours worked from an ex employer who owes me unpaid wages please! I didn't keep track of my days worked or hours. I'm in Texas. he owes me between 1600 and 2000 dollars.
a link would be to someone who can help would be sufficient. and can I recover the lawyer fees incurred?
So, Opposing party cannot object Subpoena?
Im a lawyer now...
Welcome to the bar!!
@@attorneysteve bar sucks
Can you help me obtain a subpoena ?
IM COME BACK TO IT'D
I just got a letter in the mail saying I have a subpoena and I have to go to court for questioning I think. I don’t know what I did wrong and I have no idea what to do haha
jose De La Torre what is it? Did you find out why?
riopao yeah I was on the passenger seat when my cousin was driving and some woman rear ended us we thought we had it covered but then I got the letter anyways I told my aunt and she called her lawyer or something and we got it all covered I didn’t have to go or anything it was just for questioning
🦉
I need to file a subpoena for a public record..can you believe that!
Hard to believe!! Good luck
Steve Vondran yeah , I agree! I can't believe it! It's in San Diego . I might be asking you for help because I'm competent but I'm not an attorney. Do you have an hourly rate?
I wonder why they call it "criminal law" you have to get a third party to pay your ransom too and post bail if you have the full amount in bank.
it is a public record they have and are NOT entitled to share...how did they get it. so if it is public record go to another source.
911 calls are public record but to the person making the call. so if you call 911 on somebody as a joke you can't get the record. but it is still public! so all of this is surprising some how?????
Can a someone claiming to be from a attorney office give u a fake subpoena?
j3nnie99 If their “claiming” to be from an attorney office they wouldn’t be able to give you a real subpoena
Sub-po-e-na
I refused to obey subpoena . Because they just exagarrate spreading rumor and it illegal can i be arrested ??
File a motion to quash. At 4:10
quash
back to the beginning in Latin.
She cheats me at family division and they help her and don't ask her for shit
motion to quash. denied. trick or treat/
So, to better put this into my vocabulary:
“I need to subpoena those records.”
“I need to (request outside help in obtaining) those records.”
There are then motions to quash (deem irrelevant or stalling), and a contempt of court (holding up the line/ technical stalling) that applies pressure to the subpoena request, so that only pertinent information gets filtered in.
sub poe na . nemonics, ey/
i wish i had this info first. so *.
The easiest way to remember how to spell it is say it in a Spanish accent. Sub po ehna.
Thank you for the tip!! I like it. SV
florida the people's court, small claims.
Can you subpoena someone just to get an answer out of him? Your not in a lawsuit but you want to subpoena them ? Please let me know. 😫😫can you do it in small claims court?
Shelly Conte ko
Lillian Adams what?
Huh?
I got my Subpoena in my pants.