I have a lawsuit against a company and want to get some documentation from them. I know I need to file a subpoena but I don't know anything about that process. Can you tell me about subpoenas?
I have a lawsuit against a company and want to get some documentation from them. I know I need to file a subpoena but I don't know anything about that process. Can you tell me about subpoenas?
user
Sure.  To serve a subpoena, you must first file the lawsuit.  That’s called the complaint.  The process of filing the lawsuit also starts the clock for when they must respond to your complaint.  Once they respond, you can file a motion to serve a subpoena, which is a request for your court to order them to turn over documents and appear for a deposition (a hearing with questions asked).
assistant
What would happen if they don't turn over the documents?
user
Well, generally if they don't comply with your subpoena, your lawyer would go back to court and ask the judge to enforce the subpoena.  After that, if they still don't comply, your lawyer would ask the court to punish them by making them pay you money (a “sanction”) if they don't comply.  In most cases, companies pay your lawyer, but they also have to pay you, if you’re the one who actually has to pay your lawyer.  If they still don't comply, your lawyer could file another motion with the court asking to hold the company in contempt.  The judge could then punish them further and/or fine them.
assistant
Do companies always have to pay sanctions if they don't comply with a subpeona?
user