George Galgano on Subpoenas

A subpoena is an important legal document – one that needs to be looked at carefully and requires some action. An individual, who is served with a subpoena, is required to appear in court, at a deposition, or other legal proceeding. He must give testimony, information, or bring certain documents. A person who doesn’t follow the directions on the subpoena may be subject to legal penalties such fines or jail time.

Two types of subpoenas

One kind of subpoena is called subpoena ad testificandum. The person named on the subpoena must testify before a court or be present for a deposition to give information. A Subpoena ducus tecum requires a person to bring specified documents, material, or other tangible evidence to be presented in court. These subpoenas are commonly used in divorce, child custody and personal injury cases.

Purpose of subpoenas

Subpoenas allow lawyers to get information that may help with their client’s case. Information and testimony, as well as documents and materials in both civil and criminal cases, help with settlement of the case or proving guilt or innocence. Requests can be made for DNA samples, medical bills, photos and employment records.

Serving a subpoena

Before a subpoena is served, it must be signed by an attorney or by an administrative law judge. There are a number of ways it can be served. It may be hand-delivered, E-mailed, sent by certified mail, or read aloud to the recipient.

Response to a subpoena

An individual should never ignore a subpoena. Read the document thoroughly and determine who is asking for information and the reason. If you don’t bring the documents that are asked for, it can slow down the legal process. Note the date you need to be present. 

Compliance to a subpoena

If a person doesn’t comply with the terms set out in the subpoena, they are subject to contempt and may be subject to fines or jail.

When a person receives a subpoena, they need to realize that it is an official document. It needs to be carefully read to know what needs to be brought to court and why it is necessary. The date and time one needs to appear to give testimony must be noted. If any individual doesn’t understand the terms of a subpoena, a lawyer can give you answers. Failure to comply with the terms of any subpoena can result in fines or jail. 

Making Thanksgiving A National Holiday Free From Work?

How many among us count Thanksgiving as our favorite holiday? There is the turkey to look forward to, seeing your family and friends, watching a football game, and taking the post meal nap after eating too much. Thanksgiving is a celebration of togetherness and gluttony, making it the quintessential American holiday. Here is my, George Galgano's, take on the situation.

Should We Pass A Law Making Thanksgiving A National Holiday Free From Work?

Increasingly, there is another Thanksgiving tradition that is making the rounds. Retail workers can look forward to cramming their food down quickly and briefly spending time with their loved ones. This is because they have something more important to do. They have to go to work so people can go shopping.

It didn’t use to be this way. Some time ago, Black Friday meant what it said. Shoppers woke up super early Friday morning to score great deals. Then times started changing. The new normal was midnight; then it was 9pm on Thanksgiving. And then we got the news for this year: stores would open at 5pm on Thanksgiving.

JC Penny gets the inglorious award of opening at 5pm on Thanksgiving. To make matters worse, they are not the biggest offenders. Kmart is opening at the staggeringly early time of 6am on Thanksgiving and they will stay open for 42 hours straight. Other Thanksgiving offenders include the majority of the major retail outlets: Walmart, Macys, Target, and Best Buy. This doesn’t include the smaller stores and food places that will be open as well to accommodate shoppers.

As a business strategy, opening on Thanksgiving appears to work. Sure, there are many people who are rightly disgusted by the invasion of consumerism on a day that is supposed to honor family. But there are just as many, if not more, who are not offended, and view Black Friday deals as a way to save money. Indeed, in these trying economic times, getting people to stay home instead of saving money may be too tall of an order. Many people shop on Black Friday not just for Christmas alone. Some people wait the entire year to purchase big-ticket items.

In light of these trends, stopping stores from opening on Thanksgiving appears to be a non-starter, no matter how many people or other stores try to shame them. The only way to protect the sanctity of this holiday is to intervene with a federal law. Unfortunately, given the climate of congress, a federal law like this is unlikely to pass. 

Strange Laws in the United States

While there are many viable laws in the United States, there are others that seem to make no sense whatsoever. These strange laws, still on the books in their individual states, are rarely if ever enforced today. And on the rare occasion where one may be enforced, it's likely done so in an effort to get a good laugh that day.

If you're wanting to give your donkey a bath, you better make sure it gets done prior to 7 p.m., especially if you live in Oklahoma. According to a little-known law that is inexplicably still on the books, it's illegal to have a sleeping donkey in your bathtub after 7 p.m. in the evening. So if you've got a dirty donkey, makes sure it's awake when you give it a morning or afternoon bath.

New York is a state that still has many strange laws on its books. For example, the law says a license must be purchased before a person is allowed to hang their laundry on a clothesline. Also, if you're a guy who's looking to flirt with the ladies, you better do it in another state. New York law states a man can get fined $25 for flirting once, then if convicted a second time must pay the fine and wear a pair of horse-blinders whenever he goes outside.

If you've got a cat that you're wanting to spend some quality time with at the end of the day, you better be careful what the two of you do. In Illinois, it is illegal for anyone to give cats, dogs or other domesticated animals a cigar that is lit and ready for smoking. And if you're a movie buff, plan on going to the latest blockbuster alone. In Baltimore, Maryland it is considered illegal to take a lion to the movies. Oh well, so much for those weekend plans.

Speaking of weekend plans, guys who are going out on a date can try something interesting. In Illinois, state law requires a man's female companion to call him "Master" while out on a date. If things are going well, I would recommend not trying to enforce this law.

While these laws are obviously outdated, they nevertheless are still on the books in various states. So the next time you light up that cigar and are tempted to hand it over to your kitty, you better think twice.

George Galgano is a New York based Lawyer.