Handling Subpoenas for Documents and Records

If your company is not in any lawsuit, not suing anybody, and not getting sued, you’d expect to not be involved much with any court action. But then it happens: you get a subpoena—an official court document asking for you to appear and provide a stack of documents and records. What is this all about?

Third Party Subpoenas

You’re getting that subpoena, because you or your company has records or documents that are relevant to some issue in a lawsuit—a lawsuit that you aren’t directly involved in. This is common: in gathering evidence to pursue or defend against a lawsuit, it is often the case that third parties, with no direct relation to the lawsuit, have evidence that is needed by one of the parties.

Deposition or Not?

If you do get a subpoena—which will often be called a subpoena duces tecum—you first want to read it, and see if it requires you to provide documents, or to provide documents and appear for a deposition, or both. Often, if you just provide the requested documents, your personal appearance at a deposition is unnecessary, but that may vary from case to case.

If you do have to appear, you do want to speak with an attorney. Although it may be just a formality, and although you aren’t in any trouble, you do want legal counsel to protect your interests, if you are going to sit in front of an attorney and answer questions about any legal matter.

Objecting to Information Requested

If you have the documents, you can, and legally must, turn them over. However, there are times when you can legally object to providing the documents.

One time when you may want to refuse to hand over what is requested is when the information requested in the subpoena, would infringe on your trade secrets, or proprietary or confidential information.

In other situations, the requested documents may infringe on the privacy of your business’ customers or clients. Or, the documents may contain customer lists, pricing schedules or other information that you consider proprietary.

Sometimes, you cannot legally provide the requested documents, because of a pre-existing agreement for confidentiality—that is, providing the information would get you in legal trouble for breaching a confidentiality agreement.

You can also object, if the information requested is voluminous, and would take undue cost or time to compile. You have a right to be compensated or reimbursed, for expenses related to getting the information requested in the subpoena.

Usually, when cost is an issue, the requesting party will agree to pay the reasonable cost of providing the information.

Protective Orders

If you feel that you cannot hand over the information, you can’t just ignore the subpoena. Your attorney will have to file a protective order with the court. The court may order you to hand the information over to the requesting party anyway, but it may also allow you to edit or redact private information before handing it over.

Served with a subpoena? Let us help. Call our Fort Lauderdale business lawyers at Sweeney Law P.A. at 954-440-3993 today.

Sources:

law.cornell.edu/wex/subpoena_duces_tecum

chancellor.berkeley.edu/are-there-different-types-subpoenas