Take a deep breath
It is normal to feel anxious and distressed after being served a subpoena. This is especially true if you are a third-party and unrelated or not involved in the dispute and the documents sought contain commercially sensitive information or private/confidential information.
Diarize the due date for production of documents to the Court or the date you are required to attend to provide evidence
If a person does not comply with a subpoena, a court may issue a warrant for the person’s arrest, and/or order them to pay any costs caused by the non-compliance. A court may also find the person guilty of contempt of court.
Collate the documents required/prepare for the evidence you will need to provide
The Courts will require you to produce the documents even if your solicitor formerly objects to those documents being inspected. It is important to collate and file the documents so that Court can review them.
Engage a skilled and competent solicitor
Our principal, David, recently appeared in the QLD Magistrates Court on behalf of a third party. Mr. Madsen was successful in having the subpoena be set aside and costs ordered against the issuing party.
Your solicitor will provide you with comprehensive advice as to your options and whether it is possible to have the subpoena set aside or limited in its scope to protect your commercially sensitive information and other private communications.
Notify the Court you Object the Subpoena
Your solicitor will assist you outlining your grounds for objecting to the subpoena.
Those grounds may include:-
- No legitimate forensic purpose
- The documents are not relevant to the proceeding
- The terms of the subpoena are too broad.
- Documents are privileged
Attend the Objection Hearing with your Solicitor
Accompany your solicitor to the objection hearing. This is where you can argue to have the subpoena set aside or its scope limited.
Following these steps can help you manage the process and protect your interests effectively. If you need expert legal assistance, contact our firm today. We are here to provide the support and guidance you need to navigate this challenging situation
