Article: A subpoena will have the word 'Subpoena' near the top of the document and the full name of the court that issued the document will appear in the letterhead. A subpoena will also state that you are "commanded to appear" (or similar language) to a specific location at a specific date and time, and it will list the materials you must produce in the case of a subpoena duces tecum. Subpoenas usually arrive via registered mail or a legal delivery service, which means that they require a signature. You don't stand to gain anything by refusing to accept the subpoena (refusing to sign for the document). Accepting the subpoena is not the same as agreeing to comply to the subpoena, and you will still have options to object to the subpoena even after you sign for it. All your signature does is confirm that you have received the order. A judge, a court clerk, a private lawyer, or a government lawyer (such as a district attorney) can send you a subpoena. Most often, it will be a private lawyer in connection with a pending lawsuit to which you (or your organization) are not a plaintiff or defendant (a "party") at the time. The person who subpoenaed you will also sign the document and provide contact information. If you still aren't entirely sure if what you have received is a subpoena, you can call and ask the person who issued the order. Only non-parties in ongoing litigation get subpoenas. Therefore, you cannot object to the subpoena on the grounds that you are not a party to the lawsuit. The fact you are not a part of the lawsuit (but nonetheless might have information that is relevant to the case) is the reason you are being subpoenaed. Read the subpoena closely to determine exactly what it has ordered you to do. You may have to: Appear to provide testimony either at a trial or as a deposition Produce physical or electronic documents as part of an investigation or a trial A combination of both If you are a healthcare professional being ordered to produce records for a client, then look into your state's laws concerning disclosure of the information. Even in situations where you must produce the information, you must typically inform the client in writing either to allow the client to agree to the disclosure or provide adequate time for the client to object on their own behalf. Often subpoenaed non-parties can turn into targets of a criminal investigation or can be joined as parties to the lawsuit. Thus, it is important to know what the case is about and how it might affect your rights and interests. You may want to contact a lawyer to untangle the full implications of the subpoena and possibly protect yourself in the suit. You and/or your lawyer should also review the actual suit in addition to the subpoena to determine the scope of the case. Many court records are now kept electronically and can be easily found by searching on the court website for the listed party names. Alternatively, you should be able to get copies of such documents from the party who subpoenaed you. Failure to comply with the subpoena without a reasonable objection that the court has honored can lead to a contempt of court charge, which can carry a hefty fine or even imprisonment. Destroying the documents sought by the court is a surefire way to be found in contempt. Where potential evidence is not in your personal control (for instance, your company was subpoenaed, and there are multiple people who may have relevant documents), you should instantly issue a directive to all such custodians of documents to preserve those document and emails. Don't forget to notify the IT department who might have backups of files and emails that will need to be preserved.
What is a summary of what this article is about?
Determine if what you received is actually a subpoena. Accept the subpoena. Determine who subpoenaed you. Determine what you must produce. Contact your lawyer. Do not destroy evidence.