What NOT to do after you are served a summons

If you received a court summons, chances are you or your company is being sued. Responding to this document is crucial if you want to fight the case. As a law-abiding citizen, you have every right to defend yourself or your company in front of a judge. While following the instructions for a summons may seem simple enough, there are some terrible reactions you could fall prey to upon the receipt of one. If you have recently been served a summons, avoid the following:

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Ignoring the lawsuit Problems won’t go away when you ignore them, especially lawsuits. Not responding to a summons can only mean that you are revoking your right to contest the issue. This is tantamount to automatically losing the case.

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Contacting the other side If you think that it’s okay to call the other side to work things out, don’t bother. What you could end up doing could constitute obstruction of justice and can be used against you during the trial. Moreover, the opposing counsel has no legal obligation to inform you of the consequences of your actions.

Post information on social media Information about the case should be kept private to protect the integrity of both parties. Posting information can illicit actions from other people which could cause harm to one or both parties.

Handle the case on your own Unless it’s a small claims court problem or something trivial, don’t attempt to handle the case on your own. Have an attorney look into your case and give you legal advice on how to proceed with the case.

Daniel DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He is an attorney and partner at DeKoter, Thole, Dawson & Rockman, PLC. Visit his firm’s website at www.sibleylaw.com for more information.

Daniel Dekoter Wins Judgment For Railroad Bridge Owner

Attorney Daniel DeKoter of DeKoter, Thole, Dawson & Rockman, PLC recently won a judgment following a four-day bench trial in the United States District Court for the Northern District of Iowa. The case raised significant legal issues for owners of bridges that span navigable waters in the United States.

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DeKoter’s client is the Canadian Pacific Railroad, which owns a railroad bridge at Sabula Iowa through its subsidiary, the Dakota, Minnesota & Eastern Railroad (DM&E). On April 24, 2015, Ingram Barge Company was operating a towboat that was pushing nine barges northbound when it ran into the bridge’s south center protection pier. The DM&E filed a suit against Ingram for property damages. The total repair costs and related expenses were $276,860.65. 

Ingram contended that the railroad could be found at fault for failing to upgrade and widen the opening of its bridge, whose piers were placed in the 1880s. Ingram claimed that bridge owners have a duty to accommodate the increasing length and width of groups of barges to conform to modern towing practices. 

The DM&E contended that no such duty existed. The Court agreed with the DM&E that no such duty exists under federal maritime law. The bridge owner’s duties are limited to those imposed by regulation and statute. The bridge owner does not have a general duty of reasonable care to change its bridge configuration to accommodate river traffic. 

The Court found no fault on the part of the railroad in causing the bridge damage. It entered a judgment against Ingram for the full amount claimed on April 24, 2018—exactly three years after the incident.

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Daniel DeKoter is a partner at DeKoter, Thole, Dawson & Rockman, PLC, a law firm based in Sibley, Iowa. He is an alumnus of Calvin College, graduating in 1977 with a degree in Philosophy and English. For related reads, visit this webpage.

What To Do After Receiving a Subpoena

A subpoena is a court order requiring the recipient to undergo a deposition or submit documents that may be used as evidence. It contains the name of the case, the address where your presence is requested, and a description of any documents you are asked to produce.

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Ignoring a subpoena is not advisable as you could be cited for contempt of court for failure to appear. This could lead to possible jail time and a penalty fee. So when you do get one, complying is the best course of action.

When you receive a subpoena, contact the attorney who issued it to determine what is required to comply. If you are not a part of the case, you are entitled to expenses incurred to comply with the subpoena. If you believe the subpoena goes too far, or if you have questions about the process in general, you should consult your own attorney.

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Daniel DeKoter is an “AV” rated lawyer, the highest rating given by the premier peer review service as seen at lawyers.com. He has litigated multi-million dollar lawsuits for both plaintiffs and defendants. Visit his firm’s website for more information on his practice.