Motion to Quash Subpoena

A subpoena commands a designated person or organization to appear in court or at a deposition, or to submit certain information under a penalty for failure to comply.  If you have been served with a subpoena, it is critical that you contact an experienced Internet litigation lawyer to ensure that prompt action is taken in order to preserve relevant objections and defenses.

Should you or your business be served personally with a subpoena, please note the date, time and manner of service and provide us with all the documents as soon as possible.  If you receive a subpoena via U.S. regular or certified mail, note the date and time of receipt on the envelope and keep the envelope and certified mail receipt.

A subpoena is a court order, and therefore, it is punishable by law for contempt of court and sometimes even obstruction of justice if a witness is duly served process and does not report to court or provide the information or items requested after a subpoena has been issued.  However, a subpoena is not an indication that the receiver has done anything wrong or broken any laws.  A subpoena is simply a way of summoning a person, who potentially has information about a government investigation or a pending case, to court.

The subpoena may serve one of two purposes – it either seeks discovery of information to support a claim against someone else, or seeks discovery of information with the intention of building a case against you or your company.  There are a number of options available when responding to a subpoena and Hinch Newman has the experience to respond accordingly and maximize your options by determining the motivation of the issuing party, analyzing the necessity for a protective order or motion to quash, and aggressively seeking the resolution of the matter without you or your business being dragged into costly litigation.

If you have been served with a subpoena, whether from a regulatory body or in connection with notice from a service provider that it intends to disclose your identity unless you take immediate action, contact us for a free consultation regarding the best manner to proceed.