What to do if I have been subpoenaed several times over the past 2 years for a civil case that I was not even an eye-witness to?
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What to do if I have been subpoenaed several times over the past 2 years for a civil case that I was not even an eye-witness to?
I am not receiving reimbursement for my time from work which so far has been several days. Do I have to keep responding to these? Is there a way to make the attorney stop harrassing me, including calling me at work?
Asked on December 17, 2012 under Personal Injury, Tennessee
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 10 years ago | Contributor
I suggest you write a letter to the attorney advising that you have no information to provide, asking that he or she cease all attempts to contact you, and stating that you will notify the State Bar Association if the attorney does not stop contacting you. If the attorney sends you another subpoena, you can prepare a "Motion to Quash Subpoena" and file it in the court. Follow the "style" on the subpoena (the names of the court, parties, case no., etc. on the top), title it "Motion to Quash Subpoena," and then list the reasons why you should not be required to appear again. Give the dates you have been subpoenaed in the past, state that you have no useful information, and list the reasons why responding is a hardship. Then include a Certificate of Service to the attorneys, sign it, file it in court, and mail a copy to all of the attorneys. Once this is filed, call the judge's office to find out how you can get a hearing about it.
You can, of course, hire an attorney to do this for you. The attorney may be able to get the attorney to leave you alone with one phone call.
Good luck.
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