Served with a subpoena? Here’s what I’ll ask you.

I’ve written before about how an attorney can help you sort through the issues when you are served with a subpoena. And now I want to let you know what an attorney needs to know to analyze your situation. Without knowing the gritty details, no attorney can answer “yes” or “no” to your question, “Do I have to comply with this subpoena?” In fact, that may not be the only question you have—you may want to comply with the subpoena but negotiate the scope of it. So before an attorney can give you advice, it’s time to pause and get your bearing. To help determine how you should respond, an attorney will need to know a few things about you, the subpoena, and the underlying case.

If you call me to get advice on a Georgia subpoena, here’s what I’ll ask you:

• What’s your name and who served you the subpoena? I do run conflict checks, so let’s make sure I’m not already involved in the case. Unlikely, but I need to check. I’ll need to know the names of any opposing parties, too.
• Why would you be a witness in this case? It helps to know the background of the case if you are aware of it.
• Is it a state or federal subpoena? Look at the heading on the subpoena. Different rules apply depending on what court the subpoena was issued out of.
• Is the subpoena for an out-of-state case? I am very familiar with the procedures that should have been followed if the subpoena is for an out-of-state case. See my article Best Practices for Issuing Subpoenas: Depositions of Georgia Residents in Cases Pending Out of State, published in the Georgia Bar Journal, for more information.
• How did you receive the subpoena?
• Were you given any checks with the subpoena? In some circumstances a witness or mileage fee check needs to be included. And don’t cash that check until you know if you are going to comply.
• Where were you served with the subpoena?
• Is the subpoena asking for documents or deposition testimony or both? Is it for appearance at trial?
• If documents are sought, what are they and do you have them?
• What date was set for the deposition?
• Do you want to comply? No one wants to be involved in litigation, but it may be that you could provide useful testimony or documents. An attorney could also attend a deposition with you or help you negotiate the scope of documents.
• Can you send me a copy of the subpoena and any correspondence you received with it?

Whether you were served as an individual or as a representative of a company, these will be the same questions. I may also want to talk to the other attorneys involved in the case. All of these answers and conversations will factor into my analysis on your options in responding.

There is not only one path to follow. Every case has different solutions. So don’t hide from the subpoena. I can help you face it head on and decide the best route for your situation.

If you have been served with a Georgia subpoena, contact me to discuss your options.