In lieu of...

[Jin]

What is the name of your state? New York

I received a subpoena a few days ago and it is a request for the guest list of party that I threw, on the bottom of the subpoena however, it says that in lieu of a personal appearance I can deliver the documents to the DA via fax, mail, etc., is this valid and if so can I just fax the list in and not appear in court? How should I proceed?

 

[CALIF-LAWPRO42]

What is the name of your state? New York

I received a subpoena a few days ago and it is a request for the guest list of party that I threw, on the bottom of the subpoena however, it says that in lieu of a personal appearance I can deliver the documents to the DA via fax, mail, etc., is this valid and if so can I just fax the list in and not appear in court? How should I proceed?

My response:

Do you have any idea what a Subpoena is, and it's purpose?

IAAL

 

[weenor]

Without seeing the subpoena know one can say for sure, but it sounds like you got a non-party subpoena requesting documentation. That said, if you comply by producing the proper documentation you will not have to appear in court IF you produce the documents. If the person issuing the subpoena is not satisfied, you will likely receive a witness subpoena and you will have to appear.

 

[badapple40]

This is probably something called a subpoena duces tecum, which basically means you need to turn over the documents to the DA. You may want to talk to or hire an attorney, if the documents at all incriminate you.

 

[Dandy Don]

Why are you asking us? Call the number listed on the documents you have and ask the DA's office yourself if you can do that and to also verify whether the fax number actually belongs to the DA's office or could it be a false number to get you to send the document elsewhere?