What is a Subpoena?

A Subpoena is a document which is served on a person or a corporation requiring the recipient to attend Court and give evidence or produce documents, or in the case of an actual person both. When a Subpoena is served it must be accompanied by conduct money, which is sufficient for the return travel between the place of residence or employment and the Court. In the case of a Subpoena that is served interstate, the conduct money would include the cost of air travel.

A person or corporation served with a Subpoena has a right to apply to the Court to set aside all of it or part of it. A Subpoena may be set aside if it’s found to be an abusive process. If it is not being issued for some legitimate forensic purpose, it will be set aside.

Factors that may support finding it an abusive process are relevance, that Subpoena is too wide or oppressive that has been issued for a collateral purpose.

A person or corporation does not have to comply with Subpoena produced documents if they are not in the possession of custody or control of that person or the corporation. A document that is privileged must be produced to the Court, so the Court may rule upon the question of privilege.

Apart from conduct money, the person who is served with a Subpoena may make application for an Order for the payment of his or her loss or expenses incurred in complying with the Subpoena.

Contact Rita Derek of this firm for further advice.

Posted in: Derek Legal Blog at 11 September 18