Legal Question in Business Law in California

Subpoena given to wrong person

A Subpoena was given to my father (we have the same name, Im a Jr.) instead of me! will this have any impact on my case? Does it cause for dismissal?

Asked on 11/16/01, 12:33 pm

3 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Subpoena given to wrong person

It simply means that as things stand, your father must attend at the designated place. You are under no such court order. If you don't want to inconvenience your father, call the attorney and advise him of the mistake, allow him to correct the error, relieve your father, and subpoenae you, which will probably happen as soon as the attorney learns of his mistake in court, or at a deposition, or wherever else your father has been ordered to attend.

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Answered on 11/21/01, 1:02 am
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Subpoena given to wrong person

A subpena is a document that gives you notice of

when and where you must appear and it's also a

court order that you appear when and where it says.

If it was not served properly on you, then you need

not obey it, although by disobeying it you're asking for

trouble. That is, someone might ask the Court to

find you in contempt for disobeying the subpena.

You ought to be able to defeat that by proving that

the subpena was served on your father rather than on

you, but by the time you've done that you would

probably have been to more trouble and expense than

if you merely showed up when and where the subpena

says. The case, whatever it is, will not be dismissed

just because one party mis-served a subpena.

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Answered on 11/16/01, 12:43 pm
E. Stassinos Elias Stassinos, Esq.

Re: Subpoena given to wrong person

It depends whether you live with your father and whether your father gave you notice of it. Obviously, you know of the subpoena. This is the purpose of the subpoena - to give you notice. If you never knew about it or had no contact with your father, you have a chance to reverse a default judgment vs. you. Here is how: if


was entered because you did not show up and you challenge it within a certain time after it was entered.

Otherwise, you must prove that you were never served properly, which is yet another process.

However, case will not be dismissed once subpoena is served, the court proceeding will take place and if you don't show up a default judgment will be entered against you.


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Answered on 11/16/01, 12:56 pm

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