What To Do When You Receive A Subpoena
You’ve received a subpoena in the mail… Now what do you do?
A subpoena is essentially a court order requiring you (or your business) to do something in relation to an existing court case. Typically, a subpoena will require you to produce documents or provide testimony in a court case to which you are not a party.
- If you are served with a subpoena, you should contact an attorney to determine the scope of your responsibility.
- Another reason to contact your attorney would be if you have any reason to object to complying with the subpoena.
- For example, a subpoena may ask for copies of “all communications” you have had with someone involved in the lawsuit; your attorney can assess whether any of those communications are “privileged” or otherwise protected from disclosure.
- If the subpoena asks for testimony, your attorney can walk you through what to expect.
- There may be technical defenses to your compliance with the subpoena, as well.
- Technical defenses include such situations as the subpoena not being served according to the law, or cases in which the subpoena is not addressed to the correct entity or person.
- Finally, if you receive a subpoena, you should never, ever destroy documents or other items that it asks for even if you think there is no connection between you and the lawsuit. Doing so can subject you to much bigger headaches. Do the safe thing and contact your attorney immediately.
For help responding to a subpoena, I’m here for you. You can call me anytime at 312-251-9964.
These materials have been prepared by Statman, Harris & Eyrich, LLC for informational purposes only and are not legal advice. This information, such as our previous post about commercial litigation, is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel, as the advice appropriate for your particular circumstances may vary.