Do Not Panic — But Do Not Ignore It
A subpoena is formal legal process issued in a case. Receiving one does not mean you did anything wrong, but failing without an adequate excuse to obey a properly served subpoena may lead to contempt proceedings.
Read It Carefully
Record when and how you received it, who accepted service, the issuing court and case number, and every appearance or production deadline. Then determine what the subpoena commands.
- Subpoena ad testificandum
- Requires you to appear and give testimony (at a deposition, hearing, or trial)
- Subpoena duces tecum
- Requires you to produce documents (and possibly also appear to testify)
Note the date, time, and location of any required appearance and the deadline for producing documents.
Contact an Attorney
Before you respond to or comply with a subpoena, consult an attorney — especially if:
- You are asked to produce confidential, privileged, or proprietary information
- The subpoena seems overly broad or burdensome
- You are not a party to the lawsuit and are unsure of your obligations
- You believe the subpoena was improperly served
- Compliance could expose you to liability
Preserve Everything
Promptly suspend routine deletion for material that may be responsive while counsel evaluates the subpoena and any separate preservation duty. Do not destroy, alter, or conceal potentially responsive emails, texts, files, photos, or physical documents.
Determine Whether to Object or Comply
You or your attorney may have grounds to object to or quash the subpoena. Common objections include:
- Privilege or protection — the governing law may protect particular communications or trial-preparation material
- Overbreadth — the subpoena asks for far more than is reasonably necessary
- Undue burden — compliance would impose unreasonable cost or disruption
- Insufficient time — the deadline is unreasonable
- Improper service — the subpoena was not properly served
For a federal document subpoena, Rule 45 generally requires written objections to be served before the earlier of the compliance date or 14 days after service. Oklahoma's § 2004.1 uses the same 14-day-or-earlier-compliance framework. An objection is ordinarily served; a motion to quash or for protection may also be needed.
Comply Within the Deadline
If there are no valid objections, comply with the subpoena by the stated deadline. For document subpoenas:
- Produce only what is requested — do not volunteer additional documents
- Organize documents logically and label them clearly
- Create a privilege log for any documents withheld on privilege grounds
- Keep copies of everything you produce
What NOT to Do
- Ignore the subpoena or assume an informal objection stops the deadline
- Destroy, delete, or hide any documents within the subpoena's scope
- Discuss the subpoena with people who do not need to know (especially on social media)
- Wait until the last minute to seek legal counsel
- Assume you must comply with every request — there may be valid objections
Primary sources: Federal Rule of Civil Procedure 45 and 12 O.S. § 2004.1. The governing rule depends on the issuing court and case.