What is a citation?
If you are considering litigation after being injured, you may have mentioned a citation. The brief definition of a subpoena is that it is an official request by a court official (such as a personal injury attorney) for documents or for someone to appear in court. It is legally binding and will be confirmed by the court. Those who ignore a citation will be subject to penalties such as jail time, fines, and/or civil or criminal penalties.
Types of citations
Your personal injury attorney can explain to you what type(s) of citations will be used in your particular case. There are two main types:
- Summons ad testifying. This type of subpoena requires a person to testify in court or before another type of legal authority, such as an attorney.
- Subpoena duces tecum. This type of subpoena requires a person to present information, materials, or documents that are considered evidence in a court case. Those that typically employ this type of citation are child custody, divorce, sex offender, and personal injury cases.
The purpose of a citation
A subpoena offers attorneys the opportunity to obtain information critical to their client’s case, whether it is a state or federal matter, a civil or criminal case.
- In a criminal case, the attorney may use a subpoena to obtain the testimony of a witness to prove or disprove that their client or the defendant did or did not commit the crime for which they are being tried.
- In a civil case, the attorney may use a subpoena to obtain witness testimony to prove or disprove that the plaintiff or defendant is at fault. For example, if you were injured in a slip and fall accident, your attorney may use a subpoena to compel witnesses to testify about the property owner’s negligence that caused your injury.
Additional Reasons for a Citation
Not only people can be the focus of a citation. A subpoena can be used to collect evidence such as:
- DNA samples
- Computer files, including photos and other material downloaded from the Internet
- blood test results
- Medical records
- insurance records
- DMV records
- Income tax return
- Employment Information
Who can issue a citation?
Generally, a subpoena is issued to someone or an agency by a licensed attorney. In some cases, the subpoena must be approved and signed by an administrative law judge who will review the need for it, especially if the subject is a public figure. If someone is representing himself and is not a licensed attorney, he may be authorized to serve a subpoena to support his case. However, this is unusual.
Consult a personal injury attorney to protect your rights
If you have been injured in a preventable accident caused by someone else, contact the top personal injury attorneys you trust in Atlanta, GA to learn about your legal options. You may be eligible for a substantial settlement for the costs of your injury, including your pain and suffering. Call us today to request a free consultation with our personal injury attorney.
Contact a personal injury attorney: https://attorneyandrew.com/personal-injury-attorneys-atlanta-ga/
Thank you to our friends and associates at Andrew R. Lynch, PC for your personal injury insights. See his website here: https://attorneyandrew.com/