You've Been Served! Now What? A Quick Guide to Subpoena Objections in California
So, you've just received a subpoena. It's like getting a surprise party invitation, but instead of cake and balloons, you're faced with the prospect of handing over your prized possessions (or at least, what someone else thinks are your prized possessions). Don't panic! You have rights. And one of those rights is the right to object. But how long do you have? Let's dive in.
The Tick-Tock of Legal Time
In the grand scheme of things, California law isn’t exactly known for its leisurely pace. So, when it comes to subpoenas, you better be ready to move faster than a caffeinated squirrel.
Generally, you have 5 days to file and serve written objections to a subpoena. That's right, five. Not fifteen, not fifty. Five. It's like a legal sprint.
But wait, there’s a catch! The clock starts ticking the moment you're served, not when you open the envelope and discover the dreaded legal document. So, if you're the type who likes to let their mail pile up like a Jenga tower, you might find yourself in a pickle.
Objections: Your Legal Shield (or Sword)
Now, just because you can object doesn't mean you should. Objections are like legal power moves. Use them wisely. Common grounds for objection include:
- Overbroad: The subpoena is too vague or asks for too much information.
- Irrelevant: The information requested isn't relevant to the case.
- Privileged: The information is protected by attorney-client, doctor-patient, or other privilege.
- Burdensome: Complying with the subpoena would be too time-consuming or expensive.
Remember, objections are serious business. You can't just say, "I don't feel like it." You need to provide solid legal reasons.
What Happens After You Object?
If you file a timely objection, the other side has a few options. They can:
- Withdraw the subpoena: Victory! You’ve dodged a bullet.
- Agree to modify the subpoena: A compromise is reached.
- File a motion to compel: They want the information that badly. Brace yourself for a legal battle.
How to...
- How to calculate the 5-day deadline: Start counting from the day after you're served. Weekends and holidays count.
- How to serve your objections: You typically need to serve the opposing party and the court. Check the local rules for specific requirements.
- How to find a lawyer: If you're feeling overwhelmed, consider consulting with an attorney. They can help you navigate the legal waters.
- How to stay calm: Deep breaths. It's just a subpoena. (Okay, maybe not just a subpoena, but you get the idea.)
- How to avoid getting served in the first place: There's no guaranteed way to do this, but living under a rock might help. Just kidding (kind of).
Remember, this is just a general overview. The specifics of your case may vary. Always consult with an attorney for advice tailored to your situation. And if all else fails, consider hiring a really good lawyer. They might be expensive, but they're worth their weight in gold (or at least, in peace of mind).