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Subpoena -- What’s the difference? What’s my recourse?

Boston, MA |
Filed under: Lawsuits and disputes

Opposing attorney has served either a subpoena for taking a deposition duce tecum or a subpoena to Keeper of the Records. I’m not sure which because I haven’t been notified. I believe that under rule 30 I am supposed to receive notice. Am I correct? If he failed to notify me – what is my recourse?

Attorney Answers 1


the first one requires the target to appear with records;

the second one, the target can merely tender the records, and is usually excused for showing up.

In either case, the opposing attorney MUST serve you with a copy of the complete subpoena - on the second one, OA must provide you with copies of the documents obtained.

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Henry Lebensbaum

Henry Lebensbaum


if he failed to provide timely notice, you can move to quash

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