What is the difference between a motion to compel and a subpoena?
Asked by: Louvenia Legros | Last update: March 4, 2025Score: 4.2/5 (23 votes)
Motion to compel is to compel the defendant to produce paperwork. Subpoena is to compel a non party to appear for deposition and/or produce paperwork.
What does motion to compel mean?
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
What is the purpose of a subpoena?
A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Subpoenas are time-sensitive with court-imposed deadlines.
What makes a subpoena invalid in Florida?
Common Grounds for Invalid Subpoenas
Insufficient time for compliance: A subpoena must allow a reasonable amount of time for the recipient to comply. If the subpoena demands the production of documents within an unreasonably short period, it can be considered invalid.
What's the difference between a summons and a subpoena?
But while a summons marks the beginning of a court case, a subpoena comes after a case has begun and requires the person who receives it to provide evidence that is considered important to the outcome of the case. You can still receive a subpoena even if you aren't directly involved in the case.
Compel Discovery With Subpoena Power.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
Does a subpoena mean you are in trouble?
Essentially, a subpoena, which literally means 'under penalty', requires one to inform under oath (testify) on the facts that are at issue in a pending case. A subpoena is typically requested by an attorney on behalf of the court and issued by a court clerk, notary public or justice of the peace.
Can you refuse a subpoena in Florida?
(7) Any person who refuses or fails without lawful cause to testify relative to the affairs of any person, when subpoenaed and requested by the department to so testify, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.
Can you reject a subpoena?
You may ask the court to deny or modify the subpoena in whole or in part. This filing will typically hold the time you have to respond to the subpoena until the judge rules on your objections.
What is the burden of proof for a subpoena?
The burden of proof rests on the subpoenaing party to make a "clear and convincing showing" that the privilege does not apply.
What are reasons to get out of a subpoena?
Valid reasons to get out of a subpoena may include: Did not receive or was not personally served with a subpoena; Medical emergency. Family emergency.
Who cannot be subpoenaed?
Diplomats – Foreign diplomats can never be forced to testify in court, under diplomatic immunity. Incompetent witness or evidence - A witness may have memory or other cognitive deficits, which could affect their ability to truthfully recall events. They also may not be physically fit to appear in court.
What happens if someone ignores a subpoena?
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
How to win a motion to compel?
- Act in good Faith.
- Thorough Knowledge of the Case.
- Limit citing voluminous authorities.
- Avoid Personal Attacks.
Why would a motion to compel be denied?
The declaration may also include information obtained from other parties or non-parties that would support the relevance of the discovery you seek to compel. The declaration must be filed with the notice. Failure to include the declaration will serve as a basis to deny a motion to compel further responses.
Is a motion to compel a subpoena?
A motion to compel is the method by which a subpoenaing party may compel production, if the reporter refuses to comply with the demands of the subpoena.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
Can you hide from a subpoena?
If you ignore the subpoena, not only is this likely to raise questions as to why you have chosen not to respond as required, but it could also lead to being held in contempt of court.
Can I plead the 5th when subpoenaed?
The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature.
Can I refuse to testify if I get a subpoena?
If you or a witness refuse to testify in court after getting summoned by a subpoena, the court may hold you in contempt. This legal offense can result in a court-imposed fine or imprisonment in the worst cases.
How much does a witness get for a subpoena in Florida?
(1) Witnesses in all cases, civil and criminal, in all courts, now or hereafter created, and witnesses summoned before any arbitrator or general or special magistrate appointed by the court shall receive for each day's actual attendance $5 and also 6 cents per mile for actual distance traveled to and from the courts.
Is it possible to avoid a subpoena?
If you don't want to appear personally or supply the requested documents, you may be able to “quash” the subpoena. Quashing a subpoena includes filing an objection and citing legally valid reasons for avoiding the duty of appearing.
What happens if you are subpoenaed and don't want to testify in Florida?
Unless you have been released from your subpoena appearance by the Assistant State Attorney, you are required to appear. Failure to do so may result in you being held in contempt of court and could result in a warrant being issued for your arrest.
Do I need a lawyer if I am subpoenaed?
Do You Need a Criminal Defense Lawyer? In most cases, a subpoenaed witness will likely not need the assistance of an attorney. However, in certain cases, the witness may be subjecting himself to criminal liability by appearing and testifying under oath.
What makes a subpoena invalid?
A subpoena issued by someone without the proper authority is invalid. Non-compliance with court rules: Subpoenas must comply with specific court rules and procedures. Any deviation from these rules can render the subpoena invalid.