What are the consequences of not answering 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).

Do you have to respond to a subpoena from another state?

In many cases, a subpoena issued from another state imposes no legal duty to respond because courts in other states generally do not have jurisdiction over Wisconsin banks. This is not a simple issue, however. If there is any question as to a subpoena’s validity, it should promptly be forwarded to legal counsel who can help make this determination.

What happens if a bank does not respond to a subpoena?

The vast majority of legal documents served on any bank – such as subpoenas, garnishments, and tax levies – do not make any direct claim against the institution. However, a bank’s failure to properly respond to any of these items could impose significant, yet avoidable, costs upon a bank.

Can a process server refuse to serve a subpoena?

The process server or officer who serves it on you generally will have complied with the law for service if he/she attempts to hand it to you, even if you refuse, let it drop, or slam the door in his/her face. If the server makes contact with you and leaves the subpoena, it doesn’t matter how you respond–you have been served… No.

When does the Attorney General issue a subpoena?

Subpoenas may be issued by the following people involved in the legal case associated with the subpoena: (Note that the Attorney General and District Attorney can issue a subpoena during an investigation, before initiating a legal case).

When to respond to a third party subpoena?

In other states, a subpoena may be issued by an attorney, who acts as an officer of the court. The subpoena will provide a number of days for you to respond. It is critical that you respond on time, even if your response is an objection.

Can a Bank refuse to comply with a subpoena?

It appears then that upon receipt of a subpoena for financial information (a subpoena for the production of documents only, and not for testimony), the bank has a legal duty to produce its customers’ financial information that is described in the subpoena.

Can a deponent object to a subpoena under Rule 45?

Rule 45 (d) (1), as revised, makes clear that the subpoena authorizes inspection and copying of the materials produced. The deponent is afforded full protection since he can object, thereby forcing the party serving the subpoena to obtain a court order if he wishes to inspect and copy. The procedure is thus analogous to that provided in Rule 34.

What is required for service of a subpoena?

Rule 45 (b), Fed. R. Civ. P. provides what is required for service of a subpoena to be effective: “ [s]erving a subpoena requires delivering a copy to the named person….” This means personal service; the subpoena must be physically handed to the person named in the subpoena.