Friday, July 5, 2013

Failure to Respond to a Subpoena

I previously talked about here that the failure to respond to a subpoena can be considered contempt of court.  When you translate the word subpoena from Latin it means "under penalty".  So when a subpoena is being issued, it is literally commanding something be produced under penalty of the Court.    For some reason, people do not like to respond to subpoenas within the timeframe requested and are kind of lazy about overlooking them.  Why I do not know.  Technically, a subpoena is a court order that is issued by the clerk.  As such the failure to respond is disobeying a court order which gets you into issues involving attorney's fees, jail, fines, etc.  I am dealing with this issue on a case right now involving certain necessary records for a case.  Deep legal thought of the day, what is the appropriate remedy for a corporation's contempt of court?  Working on that issue now and may post back if this matter is not resolved in the case I have to tell you the chancellor's take. 

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