Resist the temptation to ignore it or throw it away.
Subpoenas can be enforced by the court, so take the time to digest what information the subpoena is seeking. Is it asking you for deposition testimony or documents or both? Are the documents in your possession, but confidential or protected by the attorney-client privilege?
While you should not ignore a subpoena, neither are you required to blindly comply. An attorney can help you determine whether and how the subpoena could be limited. If the party that served the subpoena is only seeking deposition testimony, an attorney can help you prepare for the deposition, and even attend the deposition with you. Your attorney can also help assess whether the other parties may attempt to bring you into the case as a party. If the party is requesting documents, an attorney can determine whether the scope of the request is reasonable given the facts of the underlying case. There are also certain types of documents that can be protected by limiting to whom the documents are produced.
Not only are there are substantive objections that you can make, but also more technical—but no less valid—objections to make. Was the subpoena served on you properly? Was a witness fee required to accompany the subpoena? Is the subpoena from out of state? You should save all paperwork and envelopes that came with the subpoena to help determine the validity of service. The type of service that is valid will depend on where you served and whether it is a state or federal case.
There is no restriction on you calling other attorneys in the case, but, remember, they are not your attorney and are not looking out for your best interests.
If you have any concerns about the subpoena, call an attorney that will only represent you. Certain objections need to be made within ten days, and sometimes sooner. Those objections should be in writing and may need to be filed with the court.
So now, read the subpoena again, keeping in mind these options. And, if you want to talk to an attorney about representing you in responding to the subpoena, call me.
Whether you received the subpoena as an individual, a corporation, or an employee of a corporation, if it is a Georgia state subpoena or a federal subpoena issued by the Northern District of Georgia, I can help.
