How to Challenge a Subpoena in a Personal Injury Case

Subpoena defined.

A subpoena is essentially a court order and a demand that a person or thing has to appear or be shown in a court case. It is a court-ordered command that requires you to do something, such as testify or present information that may help support the facts that are at issue in a pending case. In a personal injury case, each party will make a Request for Production.

Examples of subpoena requests.

Subpoenas offer attorneys a chance to obtain information to help prove or disprove their client’s case. While not an exhaustive list, here are some examples of the types of things that can be requested and required:

• Blood test information;
• DNA samples;
• Computer files and downloaded material;
• Medical bills & insurance records;
• Income tax returns;
• Photographs, graphs, and charts; and
• Employee records.

Challenging a subpoena: filing a motion to quash.

A motion to quash a subpoena is appropriate whenever a party to a lawsuit seeks information that is irrelevant. However, plaintiffs and defendants often disagree on what is and is not relevant. Therefore, a court may be convinced of the need for some information if the requesting party can show a need.

If you or a family member has been subpoenaed, it is important to speak with an attorney immediately to avoid potential liability for failure to comply with it. The attorneys at the Law Offices of Michael Cordova can help determine the merits of the subpoena and whether you have a valid claim to quash the it.