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What is a subpoena?
What is a subpoena?
A subpoena is a court document. It names someone and directs that person to attend court at a specific time and place to be a witness and give evidence
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How does the service of a subpoena differ?
The police delivered a subpoena to me – do I have to obey it?
Yes, you do because you were served personally, and this can happen anywhere - including at home or at work.
My boss received a subpoena for me. Do I have to obey it?
No, you do not because the subpoena was not served on your personally, and your work is not where you usually live. A lawyer can advise you how to deal with the subpoena.
A police officer gave my spouse a subpoena for me at home. Do I have to obey it?
Yes, you do because your home is where you usually live, and the police officer can legally deliver a subpoena to anyone there who looks 16 or older.
A process server gave my spouse a subpoena for me at home. Do I have to obey it?
Yes, you do because a process server, like a police officer, has legal authority in Alberta to deliver a subpoena. More specifically, your home is where you usually live, and the process server can legally deliver a subpoena to anyone there who looks 16 or older.
My 10-year old kid received a subpoena for me. Can I ignore it?
Yes, you can ignore it. Your child looks younger than 16; therefore, the subpoena has not been properly served. A lawyer can advise you how to deal with the subpoena.
A police officer called and said I must go to the police station to receive papers. The officer did not say what the papers are. What do I do?
Without knowing more, you are not under a legal duty to pick up the documents. It is up to the police or a process server to serve you with documents. A lawyer can advise you on how to deal with those mysterious papers.
A police officer called and said I have to come to the police station to get a subpoena. What do I have to do?
You do not have to go to the police station to get the subpoena. The police are to serve the subpoena themselves. A lawyer can advise you on how to deal with the subpoena.
The guy at the coffee shop says the police are looking to give me papers. Do I have to call the police?
No. A lawyer can advise you on how to deal with those mysterious papers.
Can I dodge service of a subpoena?
If it appears you have been evading service of a subpoena, then a court can issue a warrant to have you arrested and brought in to give evidence.
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What about complying with a subpoena that has been properly served?
Can I be arrested for not obeying a subpoena?
Yes, you can. If you do not come to court or do not remain there, then the judge can issue a warrant for your arrest.
What happens if I am arrested for not obeying a subpoena?
After your arrest, you are brought into court or before a Justice of the Peace. Then, you may be kept in jail until you appear in court to give your evidence. Even if you are ordered to stay in jail, a court may review your situation later and decide to free you from jail. A lawyer can advise you on what specifically may happen if you are arrested.
If I am arrested, is there an alternative to my being kept in jail until I give evidence in court?
Yes, the alterative is being freed on a recognizance.
What is a recognizance?
A recognizance is a legal obligation on you to appear in court at a specified time and place. A recognizance may have conditions. You must follow those conditions to stay free.
What is a recognizance with sureties?
A surety is an adult who undertakes to have you perform your recognizance – that is, undertakes to have you attend court at the time and place specified on your recognizance. A lawyer can advise you on what may happen to your sureties if you do not appear in court at the specified time and place.
I have a subpoena, but my spouse threatens to beat me if I go to court. What can I do?
Making that threat is a criminal offence. You can report the threat to the police, and they can arrest your spouse for obstructing justice. (If convicted, your spouse can face up to ten years in prison.) Also, there are family law methods to get protection against your spouse’s threats. For example, you can apply for an Emergency Protection Order: if you get it, your spouse is excluded from your home and cannot contact you. The police, a law office or the Family Law Information Centre can help you get protection. Even with the threats, you must still go to court. Victims Assistance can have someone come with you to court.
I have a subpoena but no memory about the things involved. What can I do?
You can tell the court you have no memory, but you must go to court. Before court starts, you may want to tell the lawyer who issued the subpoena that you have no memory. The lawyer, then, can discuss options with you.
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What to do when someone threatens you from going to court?
Police: Has someone threatened you to keep you from going to court? If so, the police can arrest that person for obstructing justice.
Victims Assistance: If you have been threatened, these programs can have someone come with you to court. The RCMP and other police services can connect you to Victims Assistance.
Family Law Information Centre (FLIC): It provides information about getting Emergency Protection Orders or other court orders to protect you if you are threatened. To reach a FLIC office, visit www.albertacourts.ab.ca/familylaw or call the toll-free Service Alberta number 310-0000 and ask for the FLIC office serving your area.
Emergency Protection Program (EPOP): EPOP may be able to help you get an Emergency Protection Order if you have been threatened to keep you from going to court. EPOP has offices in Edmonton and Calgary. The Calgary number is 403-355-4868; the Edmonton number, 780-422-9222.
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What to do when you need legal information or legal advice?
Law offices: These appear in the telephone book. Another source of lawyers is the Lawyer Referral Service (LRS). It is a free program of the Law Society of Alberta and is reached at 403-228-1722 in Calgary, or 1-800-661-1095 elsewhere in Alberta. The LRS operator can give you the names and telephone numbers of criminal-law lawyers in most areas of Alberta. (Not all areas of Alberta have lawyers who belong to the LRS.). The lawyers do not charge for the first 30 minutes of their appointment with you, and you may decide to hire any of the lawyers. For more information about the LRS, go to www.lawsocietyalberta.com/publicservices/lawyerReferralService.cfm.
Legal clinics: These clinics can give legal advice to people who qualify for it. Contact the clinic in your region to see what services it has and if you qualify to use those services:
- Calgary Legal Guidance - visit www.clg.ab.ca or call 403-234-9266;
- Central Alberta Community Legal Clinic (Red Deer) - visit www.communitylegalclinic.net or call 403-314-9129 or, toll-free, 1-877-314-9129;
- Edmonton Community Legal Centre - visit www.eclc.ca or call (780) 702-1725;
- Lethbridge Legal Guidance – visit www.lethbridgelegalguidance.com or call 403-380-6338;
- Student Legal Assistance (Calgary) - visit wcm2.ucalgary.ca/law/legalassistance/SLA/where or call 403-220-6637;
- Student Legal Services of Edmonton - visit www.slsedmonton.com or call 780-492-2226
Alberta Law Line: It is a program of Legal Aid Alberta and provides detailed legal information to callers. The Law Line can provide you with free legal by telephone, if you qualify. To see if you qualify for free legal advice, go to www.lawline.legalaid.ab.ca. To reach the Law Line, call 780-644-7777 in Edmonton or 1-866-845-3425, toll-free, elsewhere in Alberta.
Legal Aid Alberta: It provides affordable legal services for people in need throughout Alberta. Legal Aid may be able to appoint a lawyer for you. For more information on lawyer appointment and other services from Legal Aid, go to www.legalaid.ab.ca or call the toll-free Service Alberta number 310-0000.
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