Rule 45. Protecting a Person Subject to a Subpoena.

[Nablub]

South Carolina.

According to Rule 45 (Protection of Persons Subject to Subpoenas) what is considered "reasonable sanctions" and "lost earnings and a reasonable attorney's fee"?

I am a third party witness in a family law case and have been subpoenaed by the defending attorney. The subpoena has been canceled three times by the defending attorney for various reaonse not related to me. (They are working on scheduling the fourth date now) I am self-employed and had to cancel or not accept jobs with my clients only to have the subpoena canceled two days before the date each time. Obviously this cost me money along with the fees my attorney is charging me each time the subpena is canceled.

Am I entitled to reasonable sanctions against the defending attorney or the defendant for lost wages and attorney fees?

 

[Ohiogal]

South Carolina.

According to Rule 45 (Protection of Persons Subject to Subpoenas) what is considered "reasonable sanctions" and "lost earnings and a reasonable attorney's fee"?

I am a third party witness in a family law case and have been subpoenaed by the defending attorney. The subpoena has been canceled three times by the defending attorney for various reaonse not related to me. (They are working on scheduling the fourth date now) I am self-employed and had to cancel or not accept jobs with my clients only to have the subpoena canceled two days before the date each time. Obviously this cost me money along with the fees my attorney is charging me each time the subpena is canceled.

Am I entitled to reasonable sanctions against the defending attorney or the defendant for lost wages and attorney fees?

Unless you know WHY the subpoena was cancelled and that was through FAULT of the defense attorney, then sanctions are not going to work. And you don't have any attorney's fees. What jobs have you LOST? What evidence do you have of the lost wages?

 

[Nablub]

It was cancelled for various reasons. The first time, I believe the defense wanted more documents from the planitifs attorney so the defense cancelled. The second time, another third party attorney on the side of the defense couldn't make it. This time a new defense attorney got involved.

I do have attorney fees. The fees my attorney charges me every time they have email going back and forth with the defense attorney setting a new date, copying the documents, emails to me stating the time has been cancelled, then fees when they are rescheduled, etc.

I am self-employed so when somebody want me to do work on the day of the subpoena, I can't accept the job. I have emails where people have asked me for work on those days and I had to turn it down. I live in a vacation community so when somebody needs some work done, it has to be done on the days they are in town. If I can't make it, they hire somebody else.

When would one be allowed to collect appropriate sanctions then? What is the purpose of that law?

 

[justalayman]

I do have attorney fees. The fees my attorney charges me every time they have email going back and forth with the defense attorney setting a new date, copying the documents, emails to me stating the time has been cancelled, then fees when they are rescheduled, etc.

there is no need for an attorney to do what you state. The attorney's fees are basically due to your desire for convenience, not one of necessity. You are not being sued so your hiring of an attorney to act as you post here is entirely your decision. Not compensable.

 

[justalayman]

I am self-employed so when somebody want me to do work on the day of the subpoena, I can't accept the job. I have emails where people have asked me for work on those days and I had to turn it down. I live in a vacation community so when somebody needs some work done, it has to be done on the days they are in town. If I can't make it, they hire somebody else.

Can you prove you rejected work for the reason of the subpoena? A claim such as you present here without support is not going to get you anywhere.

 

[Ohiogal]

It was cancelled for various reasons. The first time, I believe the defense wanted more documents from the planitifs attorney so the defense cancelled. The second time, another third party attorney on the side of the defense couldn't make it. This time a new defense attorney got involved.

I do have attorney fees. The fees my attorney charges me every time they have email going back and forth with the defense attorney setting a new date, copying the documents, emails to me stating the time has been cancelled, then fees when they are rescheduled, etc.

I am self-employed so when somebody want me to do work on the day of the subpoena, I can't accept the job. I have emails where people have asked me for work on those days and I had to turn it down. I live in a vacation community so when somebody needs some work done, it has to be done on the days they are in town. If I can't make it, they hire somebody else.

When would one be allowed to collect appropriate sanctions then? What is the purpose of that law?

So are you a party involved in the case for which you need an attorney? You mention third-party? If you are a party, you are not going to be compensated regardless. Are you in a relationship with the husband or wife? Are you a business partner of either? If so, and you have been named as a party, you are NOT going to get compensated for your appearance because you have standing.