If you receive a subpoena issued by the Clerk of the Circuit Court of Pinellas County, FL, you’ll probably have many questions about your rights. The document may contain a considerable amount of “legal-ese,” which can make it difficult to understand the requirements and what to do next. A Clearwater, FL business litigation lawyer can provide specific information based upon your unique circumstances, but some answers to frequently asked questions may be helpful.
What is a subpoena? In general, a subpoena is a court order requiring you to appear at a designated time and place to provide testimony regarding a current lawsuit. It’s issued by the court clerk upon request of one of the parties to the case, so a subpoena is a legal order.
In general, a subpoena is a court order requiring you to appear at a designated time and place to provide testimony regarding a current lawsuit. It’s issued by the court clerk upon request of one of the parties to the case, so a subpoena is a legal order.
Are there different kinds of subpoenas? There are various subpoenas that a party can request, based upon what they’re trying to accomplish. At times, a party may issue a subpoena to have you appear personally for a deposition at an attorney’s office or other location. The document may also direct you to bring certain documents with you or provide them in advance. Other subpoenas are for the purposes of having you testify in court.
Does a subpoena make me a party to a lawsuit? Alone, a subpoena doesn’t make you a plaintiff or defendant in business litigation or a contract dispute case. It’s a document that the actual parties need to compel you to provide information on the case, because the court doesn’t have jurisdiction over non-parties.
However, if you’re already a party, you may receive a subpoena to provide deposition testimony. You are allowed to bring your attorney to represent you during the proceeding, in which a lawyer will ask you questions about the pending case. You will be sworn in at the outset of the deposition, so keep in mind that your answers are given under oath.
What should I do about a subpoena? The subpoena is not a request; it’s an order with legal implications. You do have some flexibility in terms of the time and date, but you’ll need to comply with the terms of the document. The exception is if there are grounds to object to your testimony or the documents requested by the other party.
Should I retain a business law attorney to represent me? There’s no legal requirement to hire a lawyer to assist with a subpoena, but it’s highly recommended that you have legal counsel. Unless you have a legal background, you could provide too much information that could be detrimental to your interests.
Clearwater Business Litigation Lawyer Can Provide Advice on Subpoenas
While the answers to these questions may be helpful, you’ll probably want more information on the subpoena you’ve received. Our business lawyers at Clearwater Business Law can explain the details and will represent you in connection with a deposition or testimony in court. Please contact our office at (727) 785-5100 to set up a consultation today. We can explain more about the proceedings after reviewing your circumstances.