I Have Been Subpoenaed – What Do I Have to Do

book with the word subpoena in bold
Receiving a subpoena can be stressful. This is especially true if you are unsure what it means or what you need to do next. If you or a loved one has received a subpoena, this guide explains what it is, what it requires, and what steps you should take next.

What is a Subpoena?

A subpoena is a legal document that requires a person to give evidence in court or produce documents. Courts issue subpoenas when they need information for a case and cannot obtain it voluntarily. There are three main types of subpoenas:
  1. Subpoena to give evidence: This requires a person to attend court and give evidence at a hearing.
  2. Subpoena to produce documents: This requires a person to provide documents listed in the subpoena to the court.
  3. Subpoena to give evidence and produce documents: This requires both court attendance and document production.
Courts usually issue subpoenas. Lawyers in legal proceedings can also request them.

What You Must Do After Receiving a Subpoena

First, read the subpoena carefully. It explains what you must provide and the deadline. Next, confirm what is required. Some subpoenas require documents. Others require you to attend court. If you have the requested documents, you must provide them by the due date. If you do not have them, contact the issuing party as soon as possible. You must comply with a subpoena. If you do not, the court may impose penalties, including fines.

How to Challenge a Subpoena

You may be able to challenge a subpoena in certain situations.
  • The subpoena does not meet legal requirements.
  • The subpoena is oppressive or an abuse of process.
  • The material requested is confidential or protected.
You may need to file an objection with the court. In some cases, you may need to attend a hearing to explain your objection.

When to Speak to a Lawyer

You should speak to a lawyer as soon as you receive a subpoena. A lawyer can explain your obligations and help you meet deadlines. A lawyer can also help protect your legal interests throughout the process. If you need advice or assistance, call us on (03) 9422 5439 or email [email protected]. We assist clients across Melbourne, including South Morang and Warrnambool.
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