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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.
On the subpoena form, write in the full and correct name of the other party or witness. If you use the Civil Subpoena (Duces Tecum) (Form SUBP-002) make sure you describe exactly what papers they must to bring to the hearing (or trial). 3. Make copies of your issued Subpoena.
How to Respond to a Subpoena: 10 Things You Should Do Immediately Preserve. ... Establish a dialogue with the appropriate enforcement authorities. ... Inform the company's key executives. ... Determine whether the subpoena was properly served. ... Advise employees of their rights and responsibilities, including access to counsel.
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.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.