Being served with a subpoena can be stressful and extremely confusing, especially for those with limited experience with business litigation cases. After receiving a court order, many business owners are understandably confused about the best path forward and what their next steps should be. Before deciding what to do, it's important to understand what type of subpoena you have received and what is expected of you.

Types of Subpoenas in Business Litigation

Unlike a summons, which means the recipient has been named a defendant in a lawsuit, a subpoena orders the appearance of a witness or the production of evidence required in the hearing, trial, or deposition of another party's case. Subpoenas can require attendance only, commanding an individual to testify at a hearing or deposition, or documents only, meaning that the recipient will be required to produce the evidence listed. Others, however, may require both.

What to Do After Being Served

After receiving a subpoena for documents, many business owners are hesitant to produce the required documentation, especially if it's particularly sensitive. Others may wish to comply as quickly as possible, in order to get the matter over with. However, both strategies have onerous side effects. For instance, refusing to comply could result in penalties, including jail time and fines, while producing evidence too quickly may prevent one party of the suit from seeking a protective order and stopping the subpoena.

Before responding, speak to an experienced business litigation attorney who will help determine whether you should attempt to quash the subpoena, or ensure that you comply in a timely manner. Business owners who believe their organization may become involved in the lawsuit upon producing the required evidence may also wish to have their own lawyer represent their interests at the deposition or trial, as well.

The business litigation attorneys at Davidson Hopkins & Alexander in Jefferson, GA, have built a long-standing reputation of high-quality legal services and integrity, earning them an AV Pre-Eminent rating from Martindale-Hubbell®. Follow their Twitter for more legal advice, or call (706) 367-5264 to schedule a consultation with one of their lawyers today.