"I Got a Subpoena" — What to Do Next
Receiving a subpoena can be stressful. Here's what to do — and what to avoid — step by step.
Do Not Panic — But Do Not Ignore It
A subpoena is a court order. Ignoring it can result in contempt of court, fines, or even arrest. But receiving a subpoena does not mean you are in trouble — it means someone believes you have information or documents relevant to a legal proceeding.
Read It Carefully
Determine what type of subpoena you received and note the key deadlines.
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
Once you receive a subpoena, you have a legal obligation to preserve all documents and information within its scope. Do not destroy, delete, or alter anything. This includes emails, texts, files, photos, and 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 — attorney-client, doctor-patient, or other protected communications
- 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
Objections typically must be filed within a short deadline (often 14 days in federal court). Do not wait until the last minute.
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 — contempt of court is a real risk
- ✕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
Questions About Your Legal Matter?
These resources provide general information. For guidance specific to your situation, contact Addison Law Firm.