QUESTION
What do I do about a subpoena duces tecum requiring me to give an oral statement in an attorney's office?
Asked on May 05th, 2020 on Civil Litigation - Ohio
More details to this question:
Weird situation. I helped create a website in January. The administrators of the finished website posted true statements about a public official (verified via public records request), however, this public official has had her friend, who is an attorney and magistrate, file a libel per se complaint against the admins of the page (despite the posts being factual). The admins are anonymous & therefore have not been served, but they know the case is pending. One of these individuals noticed that on 4/30 the court website shows a subpoena issued to me. I never received anything so I contacted the attorney on 5/1. She emailed me a copy of the subpoena duces tecum and says I need to be at her law office 2 hrs away on 5/12 to give an oral statement which will be recorded & provide any data I may have on the anonymous admins via a flash drive. I'm not sure what to do about this. It seems like a fishing expedition since she doesn't know who made the posts. The subpoena was signed by a clerk.
1 ANSWER
Family Law Attorney serving South Euclid, OH
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N.P. Weiss Law
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Until you are served with a subpoena it has no power or authority. Service is typically made by certified mail, but can also be done in-person by a process server or sheriff. Her emailing you a copy of the subpoena is not sufficient service and has no force of law.
Until you are actually served, you can ignore the subpoena. If you want to be extra safe, contact the admin's counsel and have them file a motion to quash the subpoena, which will stay its enforcement until the court rules on the motion.
Answered on May 06th, 2020 at 6:23 AM