Questions and answers

When can you issue a subpoena?

When can you issue a subpoena?

You can request a subpoena if a person refuses or is unable, of their own free will, to give evidence in your case or to provide documents to the Court that are relevant to your case.

How to comply with subpoena?

Complying with the subpoena If the subpoena requires you to give evidence, you must attend court on the date specified on the subpoena. If you object to the subpoena you may make an application to the Court to have the subpoena set aside in whole or in part.

Can a subpoena be set aside?

A subpoena can also be set aside if it is oppressive, where compliance with it would mean the subpoena recipient is forced to engage in an unduly burdensome or expensive exercise.[12] For this to be found, a court will consider all the relevant circumstances, including the scope of the subpoena, the number and nature …

How far in advance must a subpoena be served?

For appearance at a trial or hearing, the subpoena must be served at least two days prior to the trial or hearing, unless the court grants leave for the subpoena to be served within that time.

Can I reject a subpoena?

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

Who can set aside a subpoena?

A court may set aside a subpoena: if it decides it is an abuse of process; if the person who is served with the subpoena is unable to produce the material requested; or if the court does not have power to order production of the requested documents.

What happens if someone refuses a subpoena?

Can you plead the fifth on a subpoena?

Witnesses subpoenaed to testify must testify, but can plead the fifth for questions that they deem are self-incriminating. Prosecutors may offer witnesses immunity in exchange for their testimony. Prosecutors may offer to reduce the charges if the witness agrees to testify.

On what grounds can you object to a subpoena?

You can object to a subpoena by arguing that the:

  • subpoena has not been issued correctly according to the law (technical grounds);
  • subpoena is an abuse of process or oppressive (general objections); and.
  • requested documents cannot be disclosed because of special rules that apply to the evidence (privilege).