1. Forum
  2. Usenet
  3. MISC.LEGAL.MODERATED

  • honoring subpoenas

    From Bernie Cosell@21:1/5 to All on Fri Feb 10 17:07:46 2023
    I constantly see news mentions of someone being issued a subpoena followed
    by the comment that they might ignore it. I thought subpoenas were a
    *demand* to appear. Is it just that way for mere mortals but there are
    folks for whom honoring them is optional??

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    bernie@fantasyfarm.com Pearisburg, VA
    --> Too many people, too few sheep <--

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stuart O. Bronstein@21:1/5 to Bernie Cosell on Fri Feb 10 20:21:41 2023
    Bernie Cosell <bernie@fantasyfarm.com> wrote:

    I constantly see news mentions of someone being issued a subpoena
    followed by the comment that they might ignore it. I thought
    subpoenas were a *demand* to appear. Is it just that way for mere
    mortals but there are folks for whom honoring them is optional??

    Yes, a subpoena is a requirement to appear. The word "subpoena" is the beginning of a Latin phrase for, Under Penalty of Law you are required
    to appear.

    The problem with Congressional subpoenas in the last session is that
    there wasn't enough time to enforce some of them. When the person
    doesn't show you have to go to court. And the person opposes the
    subpoena, and all that takes time. Then he appeals it, and then
    appeals again. Courts can be slow, so it can take quite some time.
    And when Congress's term ran out, the committee that issued the
    subpoenas was disbanded and the subpoenas went away.

    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
    www.avg.com

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Bernie Cosell on Sat Feb 11 08:46:40 2023
    On 2/10/2023 5:07 PM, Bernie Cosell wrote:
    I constantly see news mentions of someone being issued a subpoena followed
    by the comment that they might ignore it. I thought subpoenas were a *demand* to appear. Is it just that way for mere mortals but there are folks for whom honoring them is optional??

    People can ignore subpoenas in certain situations. The most obvious is
    if the court doesn't have jurisdiction over you. If a US court issues a subpoena and you are in the UK or even Canada or Mexico, you can ignore
    it -- as long as you never come into the US.

    Even in the US, there are usually distance limits (e.g., 100 or 150
    miles). You can object to the subpoena (in writing or through a lawyer)
    and have it "quashed". You can also do this if you don't have the papers/information demanded, or if the information is privileged.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)