A subpoena is a legal document that requires a person or organization to give sworn testimony at a certain time and place.Subpoenas that may require you to give materials in your possession or give a deposition in the discovery phase of a trial are some of the types of subpoenas.Knowing how to respond to the subpoena is the first step in complying with the order.
Step 1: Determine if it is a subpoena.
A subpoena will have the word'subpoena' near the top of the document and the court's name will appear in the letterhead.The materials you must produce in the case of a subpoena duces tecum will be listed on the subpoena.
Step 2: Accept the subpoena.
Subpoenas usually arrive via registered mail or a legal delivery service, which means that they need a signature.You don't need to sign for the document if you refuse to accept the subpoena.Accepting the subpoena isn't the same as agreeing to comply with it, and you can still object to it even after you sign for it.Your signature confirms that you have received the order.
Step 3: Determine who subpoenaed you.
You can get a subpoena from a judge, court clerk, private lawyer, or government lawyer.Most of the time, it will be a private lawyer in connection with a pending lawsuit to which you or your organization are not a party.The person who subpoenaed you will sign the document and give you contact information.You can ask the person who issued the order if you still don't know if it's a subpoena.Non-parties in litigation get subpoenas.You can't object to the subpoena if you're not a part of the lawsuit.You are being subpoenaed because you are not a part of the lawsuit.
Step 4: What must you produce?
To find out what the subpoena has ordered you to do, read it closely.If you are a healthcare professional being ordered to produce records for a client, then look into your state's laws.You have to inform the client in writing if you must produce the information, or give them enough time to object on their own.
Step 5: Contact your lawyer.
Sometimes subpoenaed non-parties can become targets of a criminal investigation or be joined as parties to a lawsuit.It's important to know what the case is about and how it might affect you.If you want to protect yourself in the suit, you should contact a lawyer.In addition to the subpoena, you and your lawyer should review the actual suit to determine the scope of the case.Many court records are kept electronically and can be found by searching on the court website for the listed party names.You should be able to get copies of the documents from the party who subpoenaed you.
Step 6: Don't destroy evidence.
Failure to comply with the subpoena without a reasonable objection that the court has honored can lead to a contempt of court charge, which can carry a hefty fine or even imprisonment.If you destroy the documents the court will find you in contempt.If your company was subpoenaed and there are multiple people who have relevant documents, you should immediately issue a directive to the custodians of those documents to preserve them.The IT department may have backups of files and emails that need to be preserved.
Step 7: Talk to a lawyer.
It is always a good idea to make sure that your interests are protected, even if you think you have nothing to hide.If you are subpoenaed for a deposition, your testimony will be under oath and the lawyer may ask you questions that could make you vulnerable in a civil lawsuit or worse.
Step 8: Make objections.
If you have a reason not to produce specific documents or provide deposition testimony, you can answer with a list of written objections or file your own "Motion to Quash."There are several reasons to challenge a subpoena: Privileged or confidential information, communications with a spouse, lawyer, accountant, or clergy person, and other categories.The Fifth Amendment protects you from being forced to testify against yourself if your testimony could implicate you in a crime.The way in which the subpoena is served depends on the jurisdiction.If you can't produce the material the court has requested because they are no longer in your possession, follow up with your attorney to determine if you were properly served the subpoena.You will have to show proof that the material is no longer in your possession.A court may limit the amount of documents you must provide, grant you extra time to gather the materials, or even order the other party to pay for your copying costs.
Step 9: A Motion to Quash can be submitted by your lawyer.
If one or more of the possible objections to the subpoena apply to your situation, you should have your attorney submit a Motion to Quash the order.The judge doesn't have to grant the motion just because you file it.To give you more time to collect the materials you have been ordered to produce, the motion may be to modify the subpoena.
Step 10: If necessary, reschedule.
You can request a rescheduling by contacting the person who issued the subpoena.You will not be able to rescheduling actual testimony as it is bound to the court date.If you have to travel over 100 miles, your travel costs will be covered.If the person who issued the subpoena grants a change of schedule, request it in writing to protect yourself.
Step 11: Go ahead and show up.
For a subpoena that requires you to provide testimony or a deposition, you simply need to show up at the assigned time and place listed in the subpoena.Depending on your situation and the questions you can anticipate being asked, you may want to seek the counsel of your attorney.This will help you figure out the best way to answer the question without being in contempt of court.The company must designate an individual who is most knowledgeable about the topics in the subpoena.If no single person has all of the information requested in the subpoena, the company may still designate a single individual who would educate himself/herself about the topics which he/she doesn't know.
Step 12: Everything is in your control.
Every document requested that is under your control must be produced if you are to comply with the subpoena.You or your attorney must submit a motion to modify the scope of the subpoena before the set date if any documents aren't in your possession.
Step 13: Provide the requested documents with copies.
If an original of a document is required, the subpoena will say so.If the subpoena doesn't have this detail, then you should provide copies of the original documents.If the subpoena is for electronically stored information, you must present it in a form that is still usable to the court.
Step 14: Only give one copy.
You don't have to make copies of all the documents for every party.Unless otherwise stated, one copy will suffice.
Step 15: You should be able to prove you produced the documents.
After you deliver the documents, you should write a Declaration of Compliance of Subpoena stating who you delivered them to and how.You keep this document until someone says you didn't comply with the subpoena.