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What is a subpoena?

Jun 27, 2025

A subpoena is a way to get either documents or testimony about a case from a non-party. For example, assume John is suing Suzy, but Tom has relevant records. A subpoena could be sent to Tom for relevant records even though Tom is not a party to the lawsuit.

What types of subpoenas are there?

Generally speaking there are two types of subpoenas (or they can be combined). The two main types of subpoenas are requests for documents, or a request for testimony.

Are responses to subpoena under oath?

Yes, generally any response to a subpoena is under oath and the responding party should verify their response in writing as accurate and truthful.

If I have been subpoenaed, can I get an attorney to represent me?

Yes, you can have an attorney represent you in your subpoena response. That attorney may work with you on preparing the response and even talking with the attorney who sent the subpoena to see if the scope of the subpoena can be narrowed if it is too broad. Your Attorney may also seek to get an extension of time to file a response to a subpoena or to assert legal objections to the subpoena.

What if compliance with the subpoena would be costly or difficult?

This is something your attorney could talk with you about. Nick Heimlich has advised clients who have been sent subpoenas and also sent subpoenas in many of his cases.

Ready for help?

Nick Heimlich Law in San Jose specializes in subpoena responses, document production, and testimony coordination. With experience handling third‑party and federal court subpoenas, Nick can guide you to effective, legally sound compliance, minimizing burden, cost, and risk

Call today at (408) 457‑9364 (rates start at $400/hr, one‑hour minimum) and let Nick Heimlich Law protect your interests.

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An amazing professional

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