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Again welcome back attorney Steve Fondled this is a real estate lawyer we are talking in this episode about the subpoena the word that's very difficult to spell but very effective tool when you're litigating cases okay and sometimes even in your arbitration your real estate arbitration cases okay so without further ado let's head to the attorney Steve litigation white board okay so let's back it up here, so we are talking about the subpoena okay I said it's a tough word to spell SU BPO en a that will help you spell if it's not an easy word to spell I misspelled all the time we've got to double-check my spelling and whatnot okay so here's what it is basically and here's my picture let's here's my subpoena right here okay a subpoena is nothing more than a fancy documents I mean they're just basically documents that say I need something I need some I need some documents I'm involved in a case and I need and I need some documents okay in for purposes of this video let's talk about an escrow deal I'm a real estate agent representing a broker that's seeking a commission, and we need the records from the escrow company okay well one way to do it maybe just to ask them you know pick up the phone hi can I get a copy of the closing statement the final HUD, and they say no I'm not going to give it to you, you unless you subpoena unless you hit us with a subpoena okay fine, so we'll put a subpoena together here's our written document okay it's the subpoena is just going to basically say you know here's the case we're in litigation I need the purchase and sale agreement I need the escrow instructions I need deposits I need these kinds of things so really all you're doing is putting down the categories with reasonable particularity with reasonably particularized you're putting down the things you want okay, so you may want the closing statement the final HUD okay you may want escrow instructions you may want copies of all deposits all depositors' money deposits things like that, so you can go on and list the things that you need, and you're basically serving it on in this case the escrow company now I drew here a picture of a subpoena company because lots of times when attorneys are involved we just go ahead, and we hire a subpoena company to do the heavy lifting for us so to speak, so we'll send in the things that we need, we send it to the subpoena company the subpoena company will come over here and serve it on serve it on the party okay, so there's the party and that may be served on a person or a company that's my picture for a company okay, so they may be serving this on a company, and they will have a duty to respond by a subpoena is basically sent under the authority of the court and this is basically something that needs to be responded to in some form or fashion now if you don't respond we'll talk about this in a second you always risk the civil contempt where you know as an attorney we can go to court get a civil contempt order holding them in...
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