If a Plaintiff to a suit receives a copy of a subponea duces tecum from the Defending party's attorney, and the subpoena is specifically requesting documents of a NON-PARTY to the suit, can the opposing attorney simply send the Plaintiff a blank copy of the subpoena duces tecum that is not dated, signed (by anybody including the Court)? In other words, wouldn't the Defending party's attorney have to give Plaintiff some indication within the copy of the subpoena duces tecum sent of when the actual subpoena duces tecum was issued to the non-party, so as to give the Plaintiff reasonable time to review and/or object to it's issuance to the intended non-party recipient? Doesn't the copy of the subpoena duces tecum issued to Plaintiff by Defendants' attorney have to have a date of issuance?How is a party supposed to know when a subpoena was actually issued/sent to its intended non-party recipient, if the copy sent by the opposing party's attorney is entirely blank in all regards?
Most jurisdictions have a waiting period, usually 15 days, during which one party sends a notice of non-party production (a subpoena intended to be sent to a non-party for records) and the other party (you) has time to object. The specific rule will have the controlling language in your jurisdiction's rules of civil procedure.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline