If a person objects to a subpoena, what is their obligation regarding compliance?

Study for the Maricopa County Process Server Exam. Boost your preparation with flashcards and multiple choice questions. Each question comes with detailed explanations. Get ready to succeed!

In the context of a subpoena, if a person objects to its terms, their obligation regarding compliance is primarily determined by the court's authority. When a party receives a subpoena and chooses to object, they are not automatically required to comply with the request for documents, testimony, or appearance unless the court has ordered them to do so. This principle is rooted in the legal right to contest subpoenas that may be overly broad, burdensome, or otherwise improper.

In practice, when a person objects to a subpoena, they may file a motion to quash or modify the subpoena, which formally requests the court to review the legitimacy of the subpoena. Until the court makes a ruling on the objection, the individual is not obligated to fulfill the demands of the subpoena. This ensures that individuals have the chance to protect their rights and interests before being compelled to respond.

Understanding this obligation helps individuals navigate the legal system more effectively, especially in instances where they may face undue hardship or privacy concerns due to the subpoena's provisions.

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