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What to Do If You Get a Subpoena

Photo: Tingey Injury Law Firm / Unsplash

A subpoena is a court-backed order to appear as a witness or to hand over documents. It is serious, but receiving one does not mean you did anything wrong.

Two main types

  • A subpoena to testify requires you to appear at a trial, hearing or deposition.
  • A subpoena for documents, sometimes called subpoena duces tecum, requires you to produce records or other items.

What to do first

  1. Read it carefully and note the date, place, who issued it and what is requested.
  2. Confirm it was properly served and issued in a real case.
  3. Do not ignore it. Failing to comply can lead to contempt of court.
  4. Preserve every document that could be covered. Do not delete or destroy anything.
  5. Contact the issuing party or a lawyer promptly about timing and scope.

If you object

You may be able to ask the court to quash or modify a subpoena that is overly burdensome, seeks privileged information such as attorney-client communications, or was improperly served. Objections have deadlines, so act early.

Witness fees and rights

Witnesses are typically entitled to a modest fee and mileage. If your answers could incriminate you, you may have the right to refuse under the Fifth Amendment. Consult a lawyer before testifying in that situation.

Frequently asked questions

Is a subpoena the same as being sued?

No. You can be subpoenaed as a witness in a case that involves other people.

Can I just email the documents?

Ask the requester or your lawyer. Methods of production are usually agreed on or set by the court.

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