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When you receive a summons and complaint or subpoena it is natural to feel uncomfortable and concerned. You have entered an arena where you have little or no experience, and your professional conduct and reputation may be being called into question. A little information, however, may help to stem that tide of fear and anger that is a natural reaction to receiving a summons and complaint.
A summons is basically nothing more than a piece of paper that evidences the fact that you have received the attached papers and have been informed that you need to respond to those papers in court by a certain date. Depending upon the jurisdiction, or court system in the area where you live, the summons and complaint will be personally served upon you by an officer of the court; generally, a sheriff, or by certified mail, return receipt requested.
A complaint is a list of the events that the claimant is asserting against you and an allegation that what you did was negligent. The statements in the complaint are simply allegations that the claimant will have to prove in a court of law in order to recover against you. The complaint generally will be set out in “counts” or different ways in which you are alleged to have been legally negligent. The claimant need only prove the allegations in one of the counts in order to recover against you. While the statements in a complaint are only allegations and not stated facts, there are rarely any penalties assessed against claimants who make false allegations in a complaint.
A subpoena is a document that subjects you to the jurisdiction of the court; that is, the court can direct you to produce documents or appear in person at a deposition or at trial. Generally, when you receive a subpoena you are not a defendant in the case at that time. It is important to remember that though you are not a defendant now, you could become a defendant later. It is extremely important to have an attorney present with you when you are acting under a subpoena to make sure that you do not do or say something that will encourage the claimant to sue you and bring you into the litigation that is already ongoing.
Again, while receiving a summons and complaint or subpoena is a frightening event, it can be demystified by contacting Lockton immediately who will start the claims process. The insurance company will be notified and then assign an attorney to you. Your attorney will walk you through the process and assist you in navigating the court system to ensure that your rights are protected.
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