Q: Hello! I am in Los Angeles. I have been sent an email subpoena for documents with only one day notice. How do I object?
It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.
A:
Under California law, a subpoena must be properly served to be valid. For a personal records subpoena, service should be made to you personally, to a person at your residence or usual place of business, or by mail together with a proof of service by mail. Email service alone is generally not considered proper service.
Here are some steps you can take to object to the subpoena:
1. Serve written objections: You can serve written objections to the subpoena, stating that you were not properly served and that you do not have sufficient time to respond. The objections must be served on the party who issued the subpoena before the time specified for compliance.
2. Move to quash: You can file a motion to quash the subpoena with the court. This motion asks the court to nullify the subpoena due to improper service or other defects.
3. Seek a protective order: If the subpoena is oppressive, seeks irrelevant information, or violates your privacy rights, you can seek a protective order from the court to limit or prohibit the disclosure of your bank records.
4. Contact the issuing party: You can try contacting the attorney who issued the subpoena to explain your objections and see if they will withdraw or modify the subpoena.
It is highly recommended that you consult with an attorney to help you navigate this process and protect your rights. An attorney can advise you on the specific grounds for objecting to the subpoena and can assist you in preparing and filing the necessary documents with the court.
A: I think you may be confused about what has been served on you. If you are a party to the case, you can be served with a request for production of documents; not a subpoena for production of documents. What may have happened is that you have been sent a copy of a subpoena that was served on your bank. The issuing party is required to send you a "Notice to Consumer". You are correct that service by email is not appropriate. You are also correct that the notice sent to you was sent in an untimely manner. However, unless you have a valid basis for objecting to the subpoena there's really nothing you need to do. You can certainly object to it as untimely - i.e. that you were not given timely notice as the consumer whose records are being sought.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
