The term “subpoena” may sound scary, but it does not inherently mean that the person receiving it has done something wrong. A subpoena is simply a legal tool used to gather necessary information in a case. In California, personal injury attorneys have the ability to issue subpoenas to legally compel individuals or entities to provide testimony, documents, or other important evidence to support a claim.
This process makes sure that all important information is available to support a claim. This includes medical records, accident reports, and witness testimony. Subpoenas are a routine part of the legal system and are essential for uncovering the facts needed to pursue justice.
However, California law requires that subpoenas are properly formatted, served, and compliant with state and federal regulations, such as HIPAA for medical records. As a result, we recommend consulting an experienced personal injury lawyer to properly issue a subpoena and avoid legal consequences or delays in your case.
Below, we break down everything you need to know about how subpoenas work in California personal injury cases, including the different types, their benefits, and how Los Angeles injury attorneys can help in obtaining and enforcing them.
What Is a Subpoena?
A subpoena is a legal order that requires an individual or entity to provide evidence, records, or testimony in a legal case. In personal injury cases, subpoenas are often used to obtain important documents, such as:
- Medical records to demonstrate the extent of injuries and necessary treatment.
- Police reports to verify details of an accident and establish liability.
- Photos, videos, or surveillance footage to show visual evidence of how the accident occurred.
- Phone records to determine if distracted driving (such as texting while driving) played a role.
- Employment records to support a lost wages claim.
- Witness testimony to confirm details of the accident from someone who was present at the scene.
Most Common Types of Subpoenas
The two primary types of subpoenas in California personal injury cases are:
Subpoena Ad Testificandum (Witness Subpoena)
A subpoena ad testificandum compels a person to testify as a witness, either in court or at a deposition. Lawyers commonly use this type of subpoena when they need firsthand testimony to establish the facts in a case.
For example, if a plaintiff is injured in a slip and fall accident at a store, their attorney may issue a subpoena to a medical expert. The expert’s testimony can show how serious the plaintiff’s injuries are, explain how these injuries affect daily life, and determine if the accident caused them. Store employees or bystanders may also be called to testify about the conditions that led to the fall.
Subpoena Duces Tecum (Document Subpoena)
A subpoena duces tecum requires an individual or organization to produce documents, records, or other physical evidence relevant to a case. Unlike a subpoena ad testificandum, which compels testimony, this type of subpoena focuses on gathering tangible proof that might otherwise be withheld.
For instance, in a car accident case, a personal injury lawyer or wrongful death attorney in Los Angeles may issue a subpoena duces tecum to get phone records from the at-fault driver to determine if they were texting at the time of the crash.
Similarly, in a slip and fall case, the plaintiff’s lawyer might request store surveillance footage or incident reports to prove that unsafe conditions caused the accident. In a dog bite case, a subpoena can get veterinary records showing the dog’s history of aggressive behavior.
How Subpoenas Can Help a Personal Injury Case
If you are involved in a personal injury case, such as a car crash, dog bite, fire accident, or slip and fall, subpoenas can be useful in obtaining important evidence. The more concrete proof you have, the stronger your claim will be, improving your chances of securing fair compensation for medical bills, lost wages, and pain and suffering.
Some benefits of subpoenas in personal injury cases include:
- Uncovering crucial evidence that may otherwise be inaccessible.
- Strengthen your claim by supporting liability and damages.
- Ensuring compliance with legal deadlines and evidence regulations.
- Holding the responsible parties accountable when they refuse to cooperate.
Contact a Personal Injury Lawyer in Los Angeles
A Los Angeles personal injury attorney can draft, serve, and enforce subpoenas while ensuring compliance with California law, so you do not have to do it alone. Personal injury cases are time-sensitive — key details may be lost, evidence may disappear, and witnesses may be difficult to track down. Our team of experienced personal injury attorneys in Los Angeles, CA ensures that the necessary subpoenas are issued to gather all the evidence needed for your case.
John J. Perlstein, one of the best personal injury attorneys in Los Angeles, has over 25 years of experience securing fair and just outcomes in personal injury and wrongful death cases. He will work proactively with you to understand the specifics of your situation and build a strong case on your behalf.
Contact us at (213) 583-5786 or fill out the form on our website to schedule a free consultation with a Los Angeles personal injury lawyer. This consultation will allow us to determine how we can secure the best possible outcome for your case.