May I Choose to Ignore a Court-Ordered Subpoena?
Being served with a subpoena can be an anxiety-inducing experience. After all, it is not every day that one is asked to produce documents, physical evidence or testimony under the pains and penalties of perjury. You may have many understandable reasons why you may wish to ignore this subpoena. However, it is important that you do not ultimately choose to ignore its demands.
Subpoenas are essentially court orders that are empowered by the force of law. When a subpoena insists that an individual or other entity must produce testimony, documents and/or physical evidence, a failure to heed this order may result in severe consequences. The word “subpoena” literally means “under penalty” in Latin. There is perhaps no greater illustration of why it is important to properly respond to a subpoena than the meaning of its very name.
Can I Refuse to Meet the Terms of a Subpoena?
If you are compelled to produce testimony according to the terms of a subpoena, you will either need to give a deposition or testimony in court. Under either scenario, a court reporter will record what you say and you will be held accountable if it is determined that anything you have noted under oath is false. If you submit false testimony, you may be held in contempt of court and subject to criminal and/or civil consequences. Similarly, if you fail to produce evidence as outlined in the terms of a subpoena, you may be held in contempt.
If you are concerned that submitting testimony or evidence under oath will incriminate you or otherwise subject you to negative consequences, it may benefit you to speak with an attorney about the possibility of refusing the terms of a subpoena in legal and protected ways. Only if you and your attorney attempt to secure a legally recognized exception to subpoena power or you are ready to accept the civil and/or criminal consequences of ignoring a subpoena should you avoid its stated demands.
Under certain circumstances, subpoena power can be successfully challenged by the individual or entity it affects. For example, if the subpoena is overbroad, if the information requested is legally privileged, if the evidence requested has been destroyed prior to the execution of the subpoena or submitting to the terms of the subpoena would violate your Fifth Amendment rights, you and your attorney may be able to legally release you from subpoena-related testimony or production obligations.
Answers to Legal Questions
If you have questions about the subpoena process, what to expect when presenting evidence through testimony or the production of documents, lawsuits generally or court reporting, please consider speaking with an experienced attorney or New York court reporters. Lawyers are generally happy to answer any questions you may have that will allow you to make more informed decisions about your legal situation. Speaking with an attorney is generally a confidential process, so there is no reason to hesitate to schedule a consultation if you are in need of counsel for any reason.
Thanks to Veritext for their insight into court reporting and court-ordered subpoenas.