Subpoena Involving Former Employee
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How to fill out Subpoena To Produce Documents, Information, Or Objects Or Permit Inspection Of Premises In A Civil Action Involving Identity Theft?
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FAQ
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.
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.
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.
Object to the subpoena when appropriate. You may not have to provide all requested documents and/or you may not have to testify. Your attorney can help you understand your obligations and may be able to narrow the scope of the subpoena by negotiating with the party that issued the subpoena.
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.