Enterprise, AL asked in Foreclosure, Real Estate Law, Civil Litigation and Landlord - Tenant for Pennsylvania

Q: Do I have to give defendants in a civil action a 20 day notice of a subpoena to produce documents?

I am the plaintiff in a ejectment action. I served , by certified mail, a subpoena to my tenants ( Defendants ) to produce documents. Their Attorney filed a motion to quash subpoena because I didn’t give them 20 day notice.

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2 Lawyer Answers
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: A subpoena would ordinarily be used to require a non-party to appear for a deposition or produce documents. It is not used to request another party to appear or produce documents. Your lawyer can serve the defendants with a Request for Production or a Notice of Deposition, as the case may be. Advance notice is not required.

1 user found this answer helpful

Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: You need to get a copy of the Pennsylvania rules of civil procedure - they must be followed. You should be sending them request for production. Your attorney should be aware of this.

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