Protecting Your Family And Future

Illinois Subpoenas And Deposition Defense Attorney

When you are served with a subpoena, you are being legally compelled to testify on a matter, with the intent to go through a deposition, at the very least. This is one of the common legal strategies employed by family law attorneys to acquire information and evidence for their case. But you, as a subject to the subpoena, have every right to defend yourself.

At Blacha Law Office, Ltd., we have been serving the people of Naperville and Joliet since 1999. We come to you on a mission of personal service and effective representation in divorce and family law matters. If you’ve been served with a Subpoena, we can represent you in the discussion and depositions, protecting your rights and exposure to legal risk in whatever is ahead of you

Why Were You Or Your Business Served With An Illinois Family Law Subpoena?

Under the Illinois Supreme Court rules, either side of a family law dispute can seek additional information to support their case. This information can include a wide net for discovery to build financial evidence and/or behavioral profiles of the people in the divorce; information like that is highly useful in spousal maintenance or custody disputes.

To get a full financial picture, a business may face subpoenas for such reasons as:

Business valuations and executive divorce: Demands for corporate accountings, general ledgers, profit/loss statements, equity agreements and capitalization tables to value marital stakes or check for asset dissipation.
Payroll and benefit audits: Subpoenas served on HR departments requiring wage records, bonus structures, 1099 logs, stock options or deferred compensation tracking.
Digital records and communications: Requests for corporate email threads, messaging logs or cell phone records.

In the personal arena, to get the full picture of a person’s interaction with their partner or children, many individuals face a subpoena or deposition, including:

Grandparents and other caregivers: Subpoenaed in custody battles to testify about home environments, daily routines or child best-interest factors.
New romantic partners: Targeted for financial discovery (shared household expenses) or character evaluations.
Accountants, therapists and financial advisors: Summoned for financial records, tax filings or professional assessments, however, for many of these, the information may be privileged and divulging it can violate your professional ethics.

Whether it is an exploratory subpoena seeking to build information or an evidentiary deposition that would be admissible in trial, if you face a request, you must know what you’re getting yourself into.

Protecting Your Rights In Depositions And Subpoenas

A subpoena is a tool to acquire evidence, but you do have rights that we can protect in any of the three primary categories that subpoenas and depositions may target, including:

Subpoenas for records: also known as Subpoena Duces Tecum, these are demands for documents, electronic records, banking logs or client files. Freely providing documentation of this may inadvertently waive various protections, including trade secret protections and proprietary data and client privacy rights.
Corporate representative depositions: As provided under Illinois Supreme Court Rule 206(a)(1), these are notices requiring a company to designate and prepare one or more representatives to speak under oath on specific topics, from executive compensation to business valuation to corporate perks.
Individual discovery and evidence depositions: Sworn out-of-court testimony differs from discovery depositions in that it is used to preserve testimony directly for trial as testimony in court and does not have the same restrictions as exploratory depositions.
Trial Subpoenas: Court orders compelling a business officer, HR manager, or private individual to testify directly before a judge during a hearing or trial.

At every stage of the subpoena or deposition process, we can provide you with insight into what is ahead and guidance to minimize your personal risks.

Reach Out To Learn More

If you’ve been subpoenaed in a family matter, that means that one or both sides believe you or your business has information that can help their arguments. However, blindly complying can lead to serious personal and business risks, and you must move forward with an informed, thoughtful plan. Reach out today to learn more by calling 630-283-1987 or sending an email using this online form.