E K M A R K & E K M A R K, L.L.C.

Occasionally, associations will be served with subpoenas. Generally, there are two types of subpoenas. There are subpoenas to appear for an oral deposition and subpoenas “duces tecum” (bring it with you), which generally require only the production of certain documents. Regardless of the type, all subpoenas should be taken very seriously. Subpoenas are issued by the court, and any non-compliance can lead to sanctions ranging from monetary fines to actual imprisonment, in rare cases. Any time the association is served with a subpoena, the attorneys for the association should be notified immediately and a copy of the subpoena should be sent to them. There are very few valid reasons for non-compliance with a subpoena. Such reasons would be procedural mistakes, overly burdensome request, and documents that are privileged. Even if the subpoena is invalid, however, a response may be necessary. These terms have been defined by case law such that legal counsel should determine whether the subpoena is valid. The association should be prepared to fully comply with a subpoena by or on the date set forth in the subpoena. If you are served with a subpoena duces tecum, you should be prepared to provide the documents sought, if they are in the association’s possession or control, even if that requires recalling archived documents or sorting through many records. It is crucial to start the preparation early to avoid the possibility of non-compliance.
The information contained in this Homeowners Association Tip of the Week© is for informational purposes only and is not specific legal advice or a substitute for specific legal counsel. Readers should not act upon this information without seeking professional counsel. If you do not want us to contact you by e-mail, you may unsubscribe from our online community by replying to this email with the word “Remove” in the subject line. 6720 North Scottsdale Road, Suite 261 g Scottsdale, Arizona 85253 Telephone 480/922-9292 g Fax 480/922-9422 e-mail curtis@ekmarklaw.com www.ekmarklaw.com

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