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Civil Litigation -
Independent Witnesses Discovery

Northern California Civil Litigation Information

During the course of a lawsuit, a party may want to obtain information from a person or other entity who is not named in the lawsuit. For example, in a personal injury case, the plaintiff's attorney and the defendant's attorney may want to take the deposition of independent eyewitnesses. In order to compel an independent witness to appear for a deposition, the law allows an attorney to issue a subpoena which is, in essence, a court order commanding the witness to attend the deposition.

In general, there are three types of pre-trial subpoenas: Subpoena for oral testimony only; Subpoena for documents only; and Subpoena for both oral testimony and documents. There are technical requirements and notices which must be provided, particularly when an attorney issues a subpoena to an entity for "personal records" of a "consumer." In certain situations, the person or other entity who has been served with the subpoena may be entitled to challenge the subpoena in order to avoid any obligation to appear for deposition and/or produce documents. If you are served with a subpoena, you should strongly consider consulting an attorney to assist you in responding to the subpoena. An independent witness is entitled, though not required, to have an attorney represent him at an oral deposition and to otherwise handle the response to the subpoena. There are deadlines which may limit your ability to object to a subpoena, so you should consult with an attorney sooner rather than later if you are served with a subpoena.

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