Understanding and Responding to a Subpoena When You Are Not a Party

Receiving a subpoena can be unsettling, especially if you are not directly involved in the underlying legal dispute. A subpoena is a formal, written court order compelling a person to appear in court to give testimony or to produce documents or other evidence. When directed at someone who is not a direct plaintiff or defendant (a “non-party”), it usually means one of the involved parties believes you possess information crucial to their case.

This post is a helpful guide to navigate your obligations and rights when faced with such a legal demand. Since compliance is mandatory, understanding the rules is the first step toward a calm, professional response.

What is a Subpoena and Why Did I Receive One?

Subpoenas are a key part of the legal discovery phase. They generally fall into two categories:

Non-parties, often businesses, employees, or individuals with a tangential connection to the case, receive subpoenas because they hold relevant information—whether it’s business contracts, employment records (Labor & Employment ), financial records, or witness testimony (Legal Procedures: Trials & Hearings ).

Steps for Non-Party Compliance and Production

Upon receiving a subpoena, a systematic approach minimizes disruption and ensures compliance.

1. Review the Subpoena Carefully

• Verify Service: Ensure the subpoena was properly served according to the rules of procedure for the relevant court (Federal Courts or State Courts ).
• Note the Deadlines: Identify the exact date, time, and location for appearance or production. Deadlines for production can sometimes be as short as 14 days.
• Understand the Scope: Determine exactly what is being requested—testimony, specific documents, or categories of documents.

2. Assess Potential Objections and Privileges

As a non-party, you still have rights, particularly against undue burden, excessive cost, or the disclosure of sensitive or privileged information. Common grounds for objection include:

If you intend to object, you must serve a written objection on the party or their legal expert who issued the subpoena, typically before the compliance deadline. This objection suspends your duty to comply until the issue is resolved by the court.

3. Document Collection and Production (for duces tecum)

If no successful objection is made, you must proceed with document production. The Federal Rules of Civil Procedure (and most state rules) require:

1. Search and Preserve: Immediately cease any routine destruction of the requested documents (Compliance Guides ).
2. Organization: Produce the documents either as they are kept in the ordinary course of business or organize them to correspond to the categories in the demand.
3. Staging Production: You may generally produce copies instead of originals, and the requesting party is usually responsible for the reasonable costs of copying.

Summary of Your Mandatory Actions

To summarize, a non-party’s professional response to a subpoena should follow these key steps:

Action Checklist for Subpoena Response

1. Consult: Seek advice from a Legal Expert immediately to understand your specific legal rights and obligations.
2. Object: If necessary, serve a written objection to the issuing party before the production or appearance date.
3. Produce: If no objection or motion is filed, or if one is denied, fully comply by producing the requested information or appearing to give testimony by the deadline (Legal Procedures: Filing & Motions ).
4. Track Costs: Maintain records of all time and expense related to compliance; you may be entitled to recover reasonable costs.

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Frequently Asked Questions (FAQ)

Q: Can I get reimbursed for my time and effort in responding to a subpoena?

A: Generally, yes. The party issuing the subpoena is usually required to pay the reasonable costs of production (e.g., copying, electronic discovery expenses) incurred by a non-party. You are also typically entitled to a witness fee if you must appear to give testimony.

Q: What if the subpoena asks for my personal financial records?

A: You should object immediately, citing privacy concerns. A party generally must show the court that the information is highly relevant and that they cannot obtain it through other means before a court will compel the disclosure of sensitive personal data.

Q: I received a subpoena from a Federal Court, but I live in a different state. Do I have to travel?

A: Federal and state rules place geographical limits on where a non-party can be compelled to appear for a deposition. Typically, it must be within 100 miles of where you reside or are employed, or within your state if it’s the court’s state. If the location is too far, you have strong grounds for a protective motion (Legal Procedures: Motions ).

Q: Is an email or text message considered a ‘document’ for a subpoena duces tecum?

A: Yes. The term ‘document’ generally includes electronically stored information (ESI), such as emails, text messages, social media posts, databases, and digital files. All are potentially discoverable.

Protect your rights, understand your duties, and respond professionally.

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