The person who subpoenaed you will also sign the document and provide contact information. If you still aren’t entirely sure if what you have received is a subpoena, you can call and ask the person who issued the order. [7] X Research source Only non-parties in ongoing litigation get subpoenas. [8] X Research source Therefore, you cannot object to the subpoena on the grounds that you are not a party to the lawsuit. The fact you are not a part of the lawsuit (but nonetheless might have information that is relevant to the case) is the reason you are being subpoenaed.
Appear to provide testimony either at a trial or as a deposition Produce physical or electronic documents as part of an investigation or a trial A combination of both If you are a healthcare professional being ordered to produce records for a client, then look into your state’s laws concerning disclosure of the information. Even in situations where you must produce the information, you must typically inform the client in writing either to allow the client to agree to the disclosure or provide adequate time for the client to object on their own behalf. [10] X Trustworthy Source US Department of Health and Human Services Federal department responsible for improving the health and well-being of Americans Go to source
You and/or your lawyer should also review the actual suit in addition to the subpoena to determine the scope of the case. Many court records are now kept electronically and can be easily found by searching on the court website for the listed party names. Alternatively, you should be able to get copies of such documents from the party who subpoenaed you.
Where potential evidence is not in your personal control (for instance, your company was subpoenaed, and there are multiple people who may have relevant documents), you should instantly issue a directive to all such custodians of documents to preserve those document and emails. Don’t forget to notify the IT department who might have backups of files and emails that will need to be preserved.
Privileged or confidential information - Some information is entitled to a measure of protection under the law, including trade secrets; communications with a spouse, lawyer, accountant, or clergy person; and other categories. Fifth Amendment privilege - If providing the documents could incriminate you, then the Fifth Amendment protects you from being forced to testify against yourself if such testimony could subject you to criminal liability. Procedural flaws - The way in which you must be served the subpoena depends on the jurisdiction. Follow up with your attorney to determine if you were properly served the subpoena Non-custody - If you can’t produce the material(s) the court has requested because they are no longer in your possession. Note that you’ll likely have to document proof that the material(s) are no longer in your custody. Scope - 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.
The motion may also be to simply modify the subpoena to narrow the scope of the documents, give you more time to collect the materials you have been ordered to produce, etc. [14] X Research source
If the person who issued the subpoena grants a change of schedule, request it in writing to protect yourself.
If the subpoena has been issued to a company, the company must designate an individual who is most knowledgeable about the topics stated 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 then educate himself/herself about the topics which he/she doesn’t know.
