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Subpoena Template Form : Customize, Finish and forward

again welcome back attorney Steve.Fondren this is a real estate lawyer we.are talking in this episode about the.subpoena the word that's very difficult.to spell but very effective tool when.you're litigating cases okay and.sometimes even in your arbitration your.real estate arbitration cases okay so.without further ado let's head to the.attorney Steve litigation white board.okay so let's back it up here so we are.talking about the subpoena okay I said.it's a tough word to spell su BPO en a.that will help you spell it it's not an.easy word to spell i misspelled all the.time we've got to double check my.spelling and whatnot okay so here's what.it is basically and here's my picture.let's here's my subpoena right here okay.a subpoena is nothing more than a fancy.documents I mean they're just basically.documents that say I need something I.need some I need some documents I'm.involved in a case and I need and I need.some documents okay in for purposes of.this video let's talk about an escrow.deal I'm a real estate agent.representing a broker that's seeking a.commission and we need the records from.the escrow company okay well one way to.do it maybe just to ask them you know.pick up the phone hi can I get a copy of.the closing statement the final HUD and.they say no I'm not going to give it to.you you unless you subpoena unless you.hit us with a subpoena okay fine so.we'll put a subpoena together here's our.written document okay it's the subpoena.the subpoena is just going to basically.say you know here's the case we're in.litigation I need I need the purchase.and sale agreement.I need the escrow instructions I need.deposits.I need these kinds of things so really.all you're doing is putting down the.categories with reasonable particularity.with reasonably particularized you're.putting down the things you want okay so.you may want the closing statement the.final HUD okay you may want.escrow instructions you may want copies.of all deposits all depositors money.deposits things like that so you can go.on and list the things that you need and.you're basically serving it on in this.case the escrow company now I drew here.a picture of a subpoena company because.lots of times when attorneys are.involved we just go ahead and we hire a.subpoena company to do the heavy lifting.for us so to speak so we'll send in the.things that we need we send it to the.subpoena company the subpoena company.will come over here and serve it on.serve it on the party okay so there's.the party and that may be served on a on.a person or a company that's my picture.for a company okay so they may be.serving this on a company and they will.have a duty to respond by a subpoena is.basically sent under the authority of.the court and this is basically.something that needs to be responded to.in some form or fashion now if you don't.respond we'll talk about this in a.second you always risk the civil.contempt where you know as an attorney.we can go to court get a civil contempt.order holding them in contempt seeking.up to $500 plus damages so you know.that's not something most companies want.to get involved with a civil contempt.order okay so we'll check that off the.box we talked about that the civil.contempt okay so the party gets served.the subpoena by the subpoena company or.by you know an attorney just may send.you their own subpoenas they may do it.themselves.you have a couple choices here okay so.I'm going to switch colors so you can.see this okay so one thing you may want.to do and we're just going to do do them.in this order one thing you may want to.do is file a motion to quash I love.saying this word I don't know why I love.it motion to quash it just sounds right.some people mistake it may go is it a.motion to squash no it's not a motion to.squash it's a motion to quash okay and.basically what you're doing is.coming in and telling the court you know.I shouldn't have to respond to this.subpoena this is a you know there's.privileged documents as confidential.documents it's not relevant it's a.complete fishing expedition it's not.related to anything that's going on or.they're just trying to burden and harass.me these are kinds of things you can.come in and tell the judge this is just.improper motion to quash if subpoenas.cost you don't have to respond okay so.as attorneys we need to make very.careful we need to be careful that we're.asking for things that are relevant.relevant to the litigation relevant to.seeking admissible evidence okay.remember our discovery standard okay so.that's what we're looking for so the.motion to quash is one possibility.objections usually there'll be a section.where a party can object in its instance.where you're sending out subpoenas to.another party a non party to the.litigation one of the attorneys in the.litigation may just simply object they.may assert objections okay so these are.kind of the typical types of responses.that you receive bear in mind that when.you get a subpoena one of the options.that usually exists is that you can go.ahead and call the attorney who issued.the subpoena and say hey let's work.something out I'm out of town or I can.get to this but I can't get you that I.can you know I'll get you this but not.that or this is confidential you can.work out a confidentiality agreement.okay you can work out a confidentiality.agreement you can work out a special.deal on timeframes to respond so there.is some flexibility in here and that's.why you shouldn't panic when you get a.subpoena but you know calling an.attorney with like our firm business and.real estate we can help you respond to.the subpoena and decide what you want to.do okay motion to quash certainly one of.your options objections some of the.common objections.let's switch hands here vague and.ambiguous the categories are broad over.broad vague not reasonably.particularized not very clear what.you're doing compound your.being a bunch of things together it's.unintelligible not reasonably calculated.to lead to admissible evidence again not.relevant remember you've got to be.looking for relevant things not just a.broad fishing expedition and it's a.popular items confidential proprietary.privileged like attorney-client.privilege or work product so these are.some common objections that you might.see and again these are things that you.either work it out where you go to court.and let the court work it out oftentimes.it's best if you try to work it out with.the other party because you don't want.to overburden these courts with motions.for the little tiny things that's that.the other get what you can try to work.it out try to work out a confidentiality.agreement if you can't the other party.may seek what's called a protective.order okay a protective order so you may.hear parties go I'm going to have to go.seek a protective order well that's.again where you go to court and you say.look judge I'm willing to produce some.of these things but I wanted to get a.confidentiality agreement they won't do.it I wanted to use these documents just.for the purposes of litigation they.won't do it I wanted to destroy.documents when the case is over they.won't do it I need a protective order ok.so again that's another motion where you.come to court asking for these things.and again that the hallmark and all this.really is to be reasonable to get the.documents you can the things that are.relevant to your case if you can't.figure it out fine then you may have a.reason to go to court but try to work.these things out so when you get there.at this point assuming that you've got.it all figured out it's time to produce.to produce or respond to the subpoena.and give these records hand these.records over that you're looking for.here ok so produce the records that.usually comes with a declaration of the.custodian of documents saying that I.have produced these documents these are.the full documents this is everything.requested to the best of my ability and.so then you have this sort of production.okay now if.have a subpoena company usually these.documents are going to come back to the.subpoena company the subpoena company is.going to copy them and distribute copies.to the parties okay that's usually how.it goes so you have the subpoena company.here but that's a general overview of.how the subpoena works if you were.served with a subpoena you need legal.counsel you say well I need someone to.represent me how I need to respond if.you're a party to a lawsuit you need to.file and serve subpoenas give us a call.we're happy to help you out you can find.out more information on our website here.ask attorney Steve comm that's our home.page we'll take you to our home page but.if you need some help we look forward to.helping you we do handle cases in.California Arizona state court federal.core real estate arbitration ethics.complaints all kinds of things so give.us a ring we're happy to work with you.hope this has been a helpful guide for.you feel free to share this video on.your social media networks oh and don't.forget to press the V for victory to.subscribe to our litigation youtube.channel thanks a lot.you.

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Subpoena Template Form FAQs

Notice answers to listed questions about Subpoena Template Form . Find out the most welcome topics and more.

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How do you know if you need to fill out a 1099 form?

It can also be that he used the wrong form and will still be deducting taxes as he should be. Using the wrong form and doing the right thing isnt exactly a federal offense

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Do you have to go to court if you get a subpoena?

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