Q: I have been served with a Civil Subpoena (Duces Tecum) on 1/27 to appear 1/31?? Not enough time. How do I drop it?
What is the normal timeframe to be served a Civil Subpoena Duces Tecum? Can I quash this subpoena because I wasn't given enough time?
A:
If you've been served with a Civil Subpoena Duces Tecum in California and believe the notice period is insufficient, you have options to address this situation. Typically, in California, a subpoena should provide a reasonable time for compliance. The specific timeframe can vary, but generally, it should be enough to reasonably prepare and respond to the subpoena.
If the time provided is too short, you might consider filing a motion to quash or modify the subpoena. This motion is made to the court that issued the subpoena, arguing that the time provided is insufficient and requesting an extension or other modification. It's important to act quickly, as waiting might be interpreted as acquiescence to the subpoena's terms.
Consulting with an attorney familiar with civil procedure in California can be very helpful. They can assist you in understanding your rights and obligations regarding the subpoena and help you prepare the necessary legal documents. Remember, legal issues like these can be complex, and each situation is unique, so getting personalized advice is crucial.
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