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Question: Served with a subpoena - now what
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Ken
I am being subpoenaed to give evidence between two alarm dealers. one sold accounts to another. I already emailed both legal teams all the information that I was privy to. Is there a way out of the subpoena?
Lewis
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Answer
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Most people have better things to do that get involved in the legal system as party or witness. First, make sure what you received was a subpoena and not a summons. If a summons then you're in the action. If subpoena, then you're not in the action, at least not yet.
Upon receipt of a subpoena you need to ascertain if you are being asked to testify at a discovery deposition, or at trial. If it's a discovery subpoena then you need to be sure that you're not going to expose yourself to liability; there's still plenty of time to bring you into the action. You may want to ask your insurance carrier to provide you with counsel even though you're not named in the action. Once you tell them that you will most likely be implicating yourself in the action if compelled to testify, your carrier should provide assistance in the form of counsel.
If the subpoena is a trial subpoena then it's less likely that you will be brought in as a party to the action, but you could still be sued in a separate action if your testimony implicates you. Seek counsel if you're not sure if your testimony will expose you to liability.
When subpoenaed, for discovery or trial, you cannot be compelled to give expert testimony unless you agree to testify. You are entitled to be paid for your expert testimony. You can be compelled to testify to facts that you are privy to, but once the question requests your opinion, impression, or even best guess, you can decline to give an answer. So if you get a subpoena you can call the attorney who issued it and ask what testimony the lawyer is looking for. It might be just documents or it might be effort to get your expert testimony. If in doubt, seek advice from your own lawyer.
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