This week, Congressional Democrats began issuing dozens of subpoenas requesting information related to President Trump’s businesses, in an effort to prove that he violated the Constitution’s ban on gifts or payments from foreign governments. Will the President comply? This writer would not put money on compliance!
But the balance of power between lawmakers and the President, is far different than the balance of power between the Ohio Court system and the litigants involved in a divorce!
Take for example Chloe and Charles who are in a heated divorce battle, which has been ongoing for the past 10 months. Chloe is convinced that Charles is hiding money, and is pretty sure that his best friend Randy is holding the money for him. So, she has asked her attorney to depose Randy by making him come to the office and answer questions under oath. To do so, her attorney must file a Subpoena with the Domestic Clerk of Court’s office, and have the Subpoena properly served upon Randy. Chloe’s attorney knows that the best form of service is personal service, so a process server has been appointed to personally serve this subpoena upon Randy.
Does Randy have to comply? The subpoena will indicate the date, time and place that Randy is expected to appear, and possibly will require that he bring with him certain documents for the attorney to review. What if Randy can’t attend the date and time for the deposition because there wasn’t a reasonable time to comply? Randy needs to hire an attorney sooner than later. Randy’s attorney might be able to move the deposition date by filing a Motion to Quash or Modify, if opposing counsel, through a conversation, does not appear to be willing to make any changes. Randy’s other arguments to NOT comply include, but are not limited to: he would have to travel a long distance to attend; he is being unduly burdened; or the information requested would be privileged/protected.
If Randy fails to respond to the subpoena, after being properly served, and fails to show up at the deposition, the court could hold him in contempt.
If you receive a subpoena, call an attorney! The attorneys at Joseph & Joseph, Co. LPA look forward to assisting you.