* Image Credit - Icon made by Freepik from www.flaticon.com
A subpoena is a court order compelling the attendance of the witness or the production of documents.
Table of Contents
Grounds for Setting Aside A Subpoena
If you have been served with a subpoena requiring production of documents you may potentially be able to have set aside because it fails to comply with the requirements under the court rules. Some of the bases upon which this can occur include: –
Lack of relevance – when a subpoena does not seek the production of relevant evidence then it may amount to being an abuse of process so that it can be set aside
Substitute for discovery – a subpoena that fails to identify documents to be produced with reasonable particularity is liable to be set aside
Recipient has to form judgement about issues – if a recipient of a subpoena has to decide what is and what is not relevant to the facts in dispute then the subpoena may be problematic
Confidential information of marginal relevance – if the subpoena seeks production of confidential documents that are only marginally relevant to the fact in issue then production can be opposed
Oppressive or burdensome – where a subpoena requires production that will involve excessive labour or costs may be imposed on the basis that it is unduly burdensome
Service out of time – normally a subpoena needs to be served before a particular date and if that does not occur the subpoena may need to be set aside
Costs of Producing a Subpoena
Where a subpoena asks for the production of documents conduct money is normally given and often in a modest sum. It is possible to approach the court (if the other party does not agree) to ask for an order requiring payment of costs and expenses associated with production (including legal costs).
Inspection of Documents
Once production has occurred a party can object to the inspection of documents if that would result in the disclosure of privileged information (or if there would be no forensic purpose served).
Help Producing Documents
If you need help producing emails from outlook then our law firm can assist you by using our proprietary software.
Talk to a Dispute Lawyer today!
* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.