Full question:
I have been subpoenaed by an attorney to testify in a divorce case. I was a mental health clinician when I worked with the family for 8 weeks 18 months ago. I do not have signed releases from the clients nor do I have access to records. I have been told that I do not have to go to the deposition since it is not from the court. The lawyer is threatening to charge me fees and have a warrant issued for my arrest. What recourse do I have?
- Category: Discovery
- Date:
- State: Massachusetts
Answer:
A subpoena is a legal order that requires you to testify or produce documents. While you may feel you don't need to comply because it’s not from the court, a lawyer can issue a subpoena, and failing to respond can lead to serious consequences, including contempt of court.
If you have not been given signed releases from the clients or access to their records, you may have grounds to object to the subpoena. You can file a motion to quash or modify the subpoena, arguing that it is unreasonable or overly burdensome, especially since you lack the necessary documentation (Mass. R. Civ. P. Rule 45).
It's crucial to act promptly. You generally have ten days from receiving the subpoena to raise your objections. If you do not respond, the attorney may pursue further legal action against you.
Consider consulting with a lawyer who specializes in subpoenas or mental health law to guide you through this process and protect your rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.