A subpoena is a formal request from the court for documentation or testimony. And if you're involved in a personal injury case, you can expect to receive quite a few of them. This article outlines the different subpoena requests you can expect and what you need to do to prepare for them.
A deposition subpoena is a legal document that requires a person to appear and give testimony under oath. This testimony is typically given in front of a court reporter or other witness and can be used in a personal injury case.
The attorney for the plaintiff usually conducts depositions, and the questions asked will be directed toward the defendant. The purpose of a deposition is to gather information about the case and assess witness credibility.
Deposition subpoenas are typically served on the individuals who will be giving testimony. But they can also be served on businesses that have relevant information. In some cases, deposition subpoenas can be quashed or overturned if there is good reason to do so. Typically, this happens if the deposition is unduly burdensome or if it is not relevant to the case.
If you have been served with a deposition subpoena for a personal injury case, you should seek legal advice as soon as possible. An experienced attorney can advise you on your rights and obligations and help you prepare for your deposition.
A Subpoena Duces Tecum
A subpoena duces tecum is a court order requiring someone to produce certain documents. In a personal injury case, a "subpoena duces tecum" can be used to obtain records that will help to establish the other person's liability.
For example, the plaintiff in a car accident could request a subpoena duces tecum to obtain the other driver's insurance records. These records would help establish whether the other driver had adequate coverage at the time of the accident.
In addition, a subpoena duces tecum can be used to obtain records from third parties, such as medical records or accident reports. For instance, in a slip-and-fall accident, the plaintiff could use a subpoena duces tecum to obtain the store's maintenance records. These records would help establish whether or not the store had been negligent in maintaining the premises.
By using a subpoena duces tecum, an injured person can gather the evidence needed to prove the other person's liability and get the compensation they deserve. Reach out to a personal injury lawyer to learn more.