A subpoena is a legal tool used during a lawsuit to help gather important evidence needed for a fair outcome. It is an official court order requiring a person or organization to testify (speak under oath), provide documents or evidence, or sometimes both.
Subpoenas can be sent to anyone with information relevant to the dispute, including parties in the lawsuit, outside witnesses, businesses, or health care providers, if procedural requirements are met.
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What Are the Different Types of Subpoenas?
There are two main types of subpoenas used to gather evidence in personal injury lawsuits. Knowing the difference can help you understand what you or someone else is being asked to do:
- Subpoena Ad Testificandum: This type orders a person to appear to give verbal testimony at a deposition, trial, or hearing.
- Subpoena Duces Tecum: This version requires the recipient to produce particular documents, files, phone records, photos, medical charts, or other physical evidence needed for the case.
Sometimes, a subpoena will request both someone’s appearance and for them to bring specific records.
Why Are Subpoenas Used in Personal Injury Cases?
Subpoenas are essential in personal injury cases because they allow attorneys to obtain critical information that might otherwise be unavailable.
This often includes:
- Medical records: Lawyers often use subpoenas to gather medical charts and reports as critical evidence of injuries suffered by their client.
- Employment and wage information: Employment and wage details obtained through subpoenas can help prove how much pay or future earning capacity was lost because of the accident.
- Video footage: Surveillance video from a business, cell phone video, or doorbell cameras can show the accident, or the events leading up to and after the accident.
- Accident reports and other records: Maintenance records and accident or police reports collected via subpoenas may clarify the facts surrounding the incident.
- Witness testimony: Witnesses who saw the accident can be compelled to attend a deposition or trial through a subpoena and share what they observed.
The overall goal is to provide evidence on key questions like who was responsible, if the defendant’s actions caused the injuries, and how much financial and emotional harm occurred as a result.
Who Can Issue a Subpoena?
A subpoena can generally be issued by an attorney representing a party in a legal case or by the court clerk. A judge may also order a subpoena to be issued. Regardless of who issues it, the subpoena must comply with formal requirements set by the court, including proper service of the document and clear detail about what is being requested.
Both sides in a lawsuit, the plaintiff and the defendant, can request subpoenas if they believe someone else has important evidence or needs to provide testimony for the case. If you receive a subpoena or need one issued, it’s always wise to consult with a lawyer to ensure everything is handled correctly and your rights are protected.
What Happens if You Ignore a Subpoena?
Receiving a subpoena can feel daunting, but it’s important to take it seriously. Ignoring a valid subpoena without a lawful reason can lead to serious consequences, regardless of whether you are a direct party to a lawsuit or simply a third-party witness.
If you fail to respond, the following could result:
- Court enforcement: The individual or attorney requesting the subpoena can notify the court about your noncompliance and request that a judge compel you to comply.
- Contempt of court: The court may find you in contempt for failing to comply with a valid subpoena without a lawful excuse. This can result in fines or other court-imposed penalties.
- Negative impact on the case: Noncompliance can lead to delays, additional legal expenses, and complications for the party relying on your information. The court may also issue orders requiring compliance.
If a subpoena requests privileged information, is overly broad, or creates an unreasonable burden, you may be able to object or ask the court to modify or quash it. Addressing a subpoena promptly and seeking legal advice if you have questions or objections is critical.
How Can a Personal Injury Lawyer Help With Subpoenas?
If you’ve been injured in an accident, dealing with subpoenas can feel confusing and overwhelming. A personal injury lawyer can help guide you through the process and protect your interests.
For example:
- Your lawyer will figure out what documents and witness information you need, such as medical records, employment files, or accident reports, to support your personal injury claim and will prepare the necessary subpoenas to collect this evidence.
- If you are personally served with a subpoena, your attorney will explain what’s being asked, review whether the request is reasonable and legal, and help you respond properly.
- Your attorney can challenge or narrow subpoenas from the other side if they ask for information that is too broad, invasive, or not relevant to your injury case.
- Once records or information are collected, your lawyer reviews everything to find information that can strengthen your claim.
Having an experienced personal injury lawyer helps ensure you gather the evidence needed to prove your case while also protecting your privacy and legal rights throughout the legal process.
Contact Mission Personal Injury Lawyers To Schedule a Free Consultation With a San Diego Personal Injury Attorney
Subpoenas can play a big role in personal injury cases in California. Whether you’re concerned about issuing them or you’ve been served one, it’s important to speak with a lawyer who can help you figure out what steps to take next.
Contact Mission Personal Injury Lawyers today at (619) 777-5555 to schedule a free consultation with a San Diego personal injury lawyer, and we’ll help you build the strongest case possible.