Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

SI - Site Forums : Silicon Investor - Welcome New SI Members! -- Ignore unavailable to you. Want to Upgrade?

To: Puck who wrote (17428)	5/21/2003 11:26:48 AM
From: David Lawrence	Respond to of 32883

>>..Is a subpoena always sanctioned by a judge or can any lawyer issue a subpoena without court review? Any scheister, er, lawyer can issue a subpoena, and they do not require a judge's signature. If you ignore it, is is possible to be found in contempt of court, but think that's generally unlikely in the case where is has not been signed by a judge. My former business used to get served (plaintiff attorney issued) subpoenas frequently to produce records of product purchases where one of my customers was being sued by one of their customers. I never responded, and never heard anything further on any of the matters. Most attorney's would state that it's very risky, but I simply attribute that to their bias towards their own ability to issue subpoenas.

To: Puck who wrote (17428)	5/21/2003 1:53:27 PM
From: EL KABONG!!!	Respond to of 32883

Hi Puck, An attorney is considered an officer of the court. As such, most lawyers have the privilege of issuing subpoenas without the benefit of the signature of a judge. In some cases, the recipient of the subpoena may choose to fight whatever action is requested within the subpoena. At that point, the action is taken to a court where a judge will issue a ruling covering the subpoena. The judge may force the recipient to comply or s/he may quash the subpoena entirely or s/he may modify the terms of the subpoena. Ignoring a subpoena, whether issued by a court or merely an attorney is not a good legal decision, as the recipient could be held in contempt of court at a later date, or at a minimum lose any right to appeal the terms of the subpoena. KJC