I’m in small claims court suing my previous employer and sent them a subpoena for documents back in July. They just got back to me recently, saying they’ll provide some stuff at the hearing, but will object if we don’t settle before then. My question is, did they lose their right to object since they didn’t respond within the 30 days? Has anyone been through something similar?
It might be tougher for them to object if they didn’t do it on time, but they could still try. You can ask the court to enforce the subpoena if they keep stalling.
Lian said:
It might be tougher for them to object if they didn’t do it on time, but they could still try. You can ask the court to enforce the subpoena if they keep stalling.
Thanks for the tip! Do you know what the process for enforcing it looks like?
@Winter
You can file a motion to compel them to produce the documents. Mentioning that they didn’t object in time could help your case.
They might still object on the grounds of privacy or privilege, even if they missed the deadline. It’s a loophole some people use.
Jessie said:
They might still object on the grounds of privacy or privilege, even if they missed the deadline. It’s a loophole some people use.
Yeah, that makes sense. They did say something about objecting if we don’t settle before the hearing. Seems like they’re trying to use it to negotiate.
My old employer tried to pull the same thing. The court forced them to hand over the documents because they didn’t file objections in time.
Kel said:
My old employer tried to pull the same thing. The court forced them to hand over the documents because they didn’t file objections in time.
That’s really encouraging! I’ll definitely mention the missed deadline to the court.
FYI, in California they’re supposed to object within 10 days after getting the subpoena. If they didn’t, you might have a solid case.
Uma said:
FYI, in California they’re supposed to object within 10 days after getting the subpoena. If they didn’t, you might have a solid case.
Thanks! I’m in CA, so that definitely applies here.
Sounds like they’re stalling to try and push you into settling. Don’t let them waste your time. Stay focused on what you’re entitled to.
smart1 said:
Sounds like they’re stalling to try and push you into settling. Don’t let them waste your time. Stay focused on what you’re entitled to.
Exactly what I was thinking. I’m going to keep pushing forward.