Illegible subpoena duces tecum, VA

[JonathanBrown]

What is the name of your state (only U.S. law)? VIRGINIA

I was served with a subpoena duces tecum by the plaintiff's lawyer, for documents in a warrant in debt case. I have a couple of problems with it:

1) The photocopy I was served is a terrible photocopy, and the handwritten parts are completely illegible. Do I need to comply with the subpoena?

2) The subpeoena states I have to produce the documents at the lawyer's office. It's a long way form the court and my office. Can I appeal and have him come to me instead? Do I get any compensation for my time and travel expenses if I have to go to the lawyer's office?

Thanks in advance.

 

[Ohiogal]

What is the name of your state (only U.S. law)? VIRGINIA

I was served with a subpoena duces tecum by the plaintiff's lawyer, for documents in a warrant in debt case. I have a couple of problems with it:

1) The photocopy I was served is a terrible photocopy, and the handwritten parts are completely illegible. Do I need to comply with the subpoena?

2) The subpeoena states I have to produce the documents at the lawyer's office. It's a long way form the court and my office. Can I appeal and have him come to me instead? Do I get any compensation for my time and travel expenses if I have to go to the lawyer's office?

Thanks in advance.

Send copies of the documents to the lawyer's office by mail. And yes you have to comply with the subpoena. If you have questions CALL the attorney.

 

[dcatz]

Generally sound advice about any discovery mechanism but, since the OP posted in the Small Claims forum, he might also be advised to familiarize himself with VA Small Claims procedure generally, counsel’s limited role and the probable reason(s) that prior questions about VA STDs were posted in another forum.

 

[JonathanBrown]

Generally sound advice about any discovery mechanism but, since the OP posted in the Small Claims forum, he might also be advised to familiarize himself with VA Small Claims procedure generally, counsel’s limited role and the probable reason(s) that prior questions about VA STDs were posted in another forum.

Thanks guys, but you didn't really answer my questions.

I was served with an SDT request for documents that was illegible. I could not read the attorney's handwriting. The photocopy was too faint. I emailed him and said I could not read it, but he hasn't replied. My question**************is that a valid SDT? Is it my responsibility to get a legible copy?

The other question: the attorney asked me to go to HIS office, miles away, to produce the docs he wants. Can I appeal that, and get him to come to me (I work right across from the courthouse where he filed the claim).

Thanks for you replies!

 

[FlyingRon]

Do you think just repeating the question is going to change the answer.

The subpoena is valid. If you ignore it, you'll be in the same boat as if you ignored a perfectly typed one.
You respond by saying, "I can't make out ....". You obviously won't be held for the illegible parts but you have to point out what you can't comply with and why.

The legible part of the Subpona (preprinted by the state) tells you how to object to the subpoena.

For delivery of the documents, you're not going to get reimbursed (unless you are a health care provider). If you're being deposed and you're not a party, you can request that it be done in the county (or independent city) in which you reside/work. "miles away" isn't going to cut it. If it's in the same county (and even the largest counties in Virginia aren't that large), you're out of luck.