Anyone know how objections work for subpoenas?

Hey all, I’m suing my old employer in small claims court and served them a subpoena for documents back in July. They only just got back to me, saying they’ll give me some stuff at the hearing, but if we don’t settle before then, they’ll object. My question is, did they waive their right to object since they didn’t respond in time? Anyone dealt with this before?

I think they might still try to object, but if they didn’t do it on time, it could be harder for them. You could ask the court to enforce it. Have you looked into that?

Yeah, I was thinking about that! Do you know how I would go about asking the court to enforce it?

You could file a motion to compel production. Basically, you’re asking the court to make them hand over the documents. Maybe bring up that they didn’t object within the deadline?

They probably didn’t waive all their rights. If it’s about privileged or confidential documents, they might still be able to object, even if they didn’t do it on time.

Good point. They did mention objecting if the case doesn’t settle. Seems like they’re trying to use it as a negotiation tactic.

I had a similar situation. My employer delayed, but the court made them hand over the documents because they didn’t file objections in time.

That’s good to hear! I’ll definitely bring up the fact they didn’t respond within the legal timeframe.

FYI, in California, they usually have to object within 10 days after being served. If they didn’t, you might have a stronger case!

Thanks! That’s exactly the info I needed. I’m in CA, so this definitely applies.

Could be that they’re bluffing to get you to settle. Stay focused on your case and don’t let them stall too much.

Yeah, that’s what it feels like. I’m sticking to my guns on this one.