What is a subpoena and why might a business receive one?

A subpoena is a legal document that requests a person or entity provide testimony and/or documents in connection with a legal proceeding. A subpoena is issued in connection with a lawsuit, criminal investigation, agency investigations or another type of legal proceeding.

What should I do immediately after receiving a subpoena?

Upon receiving a subpoena, make sure that the executives and legal department of the company are aware of the demand as soon as it is received. Then, check the subpoena to determine the issuing court or agency, the deadline for responding, whether it requests documents, testimony, or both, and who served the subpoena.

Do I have to comply with every subpoena I receive?

Depending on whether it was appropriately served, the scope of the topics, and other details, you may have to comply with the subpoena. If there are areas of concern, it is best to contact your legal department who will then reach out to the issuing party to negotiate the scope of compliance. In some instances, if an agreement cannot be reached, the company may move for a protective order, or alternatively, the issuing entity may move to compel compliance.

What are the consequences of ignoring a subpoena?

Ignoring a subpoena is not a good idea. Failing to respond can have serious consequences including fines, sanctions, and in some instances, being held in contempt of court. Employers should respond promptly and seek legal guidance.

What is the timeframe for responding to a subpoena?

The deadline for complying with a subpoena is usually stated in the document itself. For instance, if the subpoena requests documents, it will typically specify the date by which those materials must be produced. If the subpoena requires testimony, it will generally list the date, time, and location where the testimony must be given. Employers should contact their legal team for the deadline to serve objections, which is usually different from the compliance date and varies depending on the jurisdiction.