In a state-court action, the deadlines for objections are different and vary based on the rules of the state at issue. The federal rules specify that any objections to the subpoena must be made within 14 days of being served with the subpoena, and sometimes even sooner if the subpoena demands an earlier response. A subpoena seeking records or production of other materials are sometimes referred to in legalese as a “subpoena duces tecum.” If you are served with a subpoena duces tecum from a federal court, then the Federal Rules of Civil Procedure (FRCP) apply. Subpoenas generally seek testimony or production of records in your possession – or both. Additionally, an attorney working on your behalf can limit the impact of the subpoena on you, and help ensure that you comply with your obligations while minimizing the risk that you get dragged into the case as a party. In addition, it is not uncommon for a plaintiff to seek information from a third-party because the plaintiff is considering amending their complaint and adding that third-party as a defendant.Īn attorney can help you understand the process of responding to a subpoena, your rights in connection with that response, and any basis you may have for objecting to or challenging the subpoena. If you ignore the subpoena or fail to fully comply, you could be sanctioned by the court and ordered to pay money or, in extreme cases, held in contempt and potentially even jailed.

If you receive a subpoena (and you are not a party to the case), or if you receive a subpoena in connection with a government investigation, it is important to consult with an attorney to understand your response obligations and potential legal exposure.

Discovery is the fact-gathering portion of civil litigation where the parties seek records and testimony to support their claims and defenses in the lawsuit.

In civil cases where a plaintiff is suing one or more defendants and seeking monetary damages, often the “parties” to the litigation – the people and entities formally named as plaintiffs and defendants – seek testimony and documents from non-parties, who are often referred to as “third-parties.” These third-party subpoenas typically arise during the discovery phase of the case. A subpoena is a demand to produce documents or to testify in connection with a legal proceeding.

California objection to trial subpoena