Subpoena Involving Former Employer
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FAQ
Do not ignore the subpoena. For many subpoenas, if you do not make objections within 7 to 14 days of receipt of the subpoena, you forever waive the right to object to all or any portion of the subpoena. Therefore, when you receive a subpoena, get in touch with your attorney right away.
Give your reasons for your objections to the Subpoena and what it is asking for. You can object to having to attend the hearing or trial, and explain why. You can object to bringing some or all the documents that the other party requested in his or her Subpoena.
The subpoena response process: Notify relevant parties. Issue a legal hold for potentially responsive ESI. Challenge the subpoena if you choose to do so. Collect ESI for review. Review ESI for privilege, confidentiality, and responsiveness. Produce ESI to the issuing party.
Responding to a Subpoena Seeking Testimony In response to a subpoena seeking testimony, a non-party may appear without objection (and make relevant objections at the deposition), bring a motion to quash, or seek a protective order. CCP § 1987.1 (amended eff 1/1/13).
Usually it makes sense to notify the employee about the subpoena and see if the employee has any objections. If the employee does object and it is a party to the legal proceeding (such as a domestic matter), it will likely make sense to put the burden of opposing the subpoena on the employee and his/her lawyer.