10/23/2023 0 Comments Motion to compel discovery texas![]() Of course, it is often advisable to assert objections to a subpoena. This may be the most cost-effective response, and is a good idea if there is little or no possibility you will be exposed to litigation in the process. Instead, you may choose to simply respond to the subpoena. However, that is not always the best strategy. You have the right to object to a subpoena and it is often advisable to do so. When the 10-day notice period expires, the requesting party can serve the subpoena for production of documents and must provide a reasonable time for you to respond. The notice must include the name of the party from whom production is sought, a reasonable time and place for production, and list the items to be produced. To serve a subpoena for production of documents, the requesting party must first provide at least 10 days notice that the subpoena will be served. A subpoena for a deposition on written questions must be served at least 20 days before the deposition is taken. The notice and subpoena must be served a reasonable time before the deposition is taken. A subpoena for an oral deposition will state the date and time of the deposition. You have a limited time to respond to a discovery subpoena. You must also take steps to ensure data is not lost due to routine operation of the data source. Adequate preservation of ESI requires more than simply ensuring the information is not destroyed. Both hard copies and electronically stored information (ESI) must be preserved. You should also send a preservation letter or email to employees who may have relevant documents and communications. ![]() If you have regular procedures in place for purging information, suspend them for the time being. ![]() Instead, follow these tips: Step 1: Preserve Relevant InformationĪ person or company should first ensure any relevant documents are properly preserved. Ignoring a subpoena does not mean it will go away. The immediate desire for someone receiving a subpoena may be to ignore it, but a subpoena serves as notice that you may possess documents that are relevant to an ongoing dispute. Production of documents or tangible things. There are generally three forms of discovery a party to a lawsuit can compel from a non-party:ģ. A subpoena is a discovery tool used in civil litigation to compel a person or entity that is not a party to a lawsuit to provide relevant documents and testimony. You may not be a party to a lawsuit, but you can still become involved in litigation by receiving a subpoena. Subpoena? Hard to Spell, Harder to Respond? Non-party discovery in Texas: What should you do if you receive a discovery subpoena?
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