How to Respond to a Subpoena: Your Rights, the Deadlines, and What Not to Do
A subpoena is a court order — but you have more rights than most people realize. Here is the response framework, the deadlines that matter, and the three biggest mistakes.
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Identify the Type of Subpoena You Received
There are three main types and the response strategy differs. (1) Subpoena ad testificandum — orders you to appear and testify at a specific date and place. (2) Subpoena duces tecum — orders you to produce documents, records, or physical evidence. (3) Deposition subpoena — orders you to attend a deposition (sworn testimony outside court, usually at a law office). Read the document for: the issuing court, the date and location of compliance, the specific items requested, and the contact information for the attorney who issued it. Note the response deadline — typically 14-30 days from service date.
Mistake 1: Ignoring the Subpoena
A subpoena is a court order, even if it was sent by an attorney rather than served by a sheriff. Failing to comply is contempt of court — punishable by fines, daily monetary penalties, or rare but real arrest. Ignoring a subpoena is the single worst response. Even if you ultimately object or file a motion to quash, you must do so before the deadline. If you cannot meet the deadline, contact the issuing attorney in writing and request an extension — they are usually granted for first requests.
Mistake 2: Producing More Than Requested
Many people overproduce — sending all related documents, not just those covered by the subpoena. This expands the legal exposure for both yourself and others. Read the subpoena requests narrowly. Produce only what is specifically described and what falls within the date range, custodian, or topic listed. If a request is vague ("all documents related to..."), you can ask for clarification or file a motion to limit the scope. Producing irrelevant or privileged documents waives privilege and creates new problems.
Mistake 3: Not Asserting Privileges
You may have grounds to refuse production: attorney-client privilege (communications with your lawyer), spousal privilege (communications with your spouse), Fifth Amendment (anything that could incriminate you), HIPAA (medical records), trade secret (business information), or work-product doctrine. To assert a privilege you must specifically identify each withheld document on a privilege log — list the date, sender, recipient, subject, and basis for withholding. Failing to log creates risk of a finding that you waived the privilege.
Step 4: Decide If You Need a Lawyer
If the subpoena involves you personally as a possible defendant or witness, you should consult an attorney before responding. Costs run $200-$500 for an initial consultation, $1,000-$3,000 for full subpoena response review and assistance. If the subpoena is for routine business records (employment verification, financial statements, medical records), and you are clearly a non-party witness, self-response is usually fine. The line: any subpoena that could lead to your testimony at trial, or that asks for your personal records or communications, justifies an attorney.
Pro Tips
Frequently Asked Questions
Can I refuse to comply with a subpoena?
Not without a legal basis. Refusal without filing a motion to quash or an objection is contempt of court. Valid grounds for refusal include privilege, undue burden, vagueness, or improper service — but you must assert these formally with the court, not just ignore the subpoena.
What does "motion to quash" mean?
A formal request to the court asking it to invalidate or modify the subpoena. Common grounds: the subpoena was improperly issued, requests privileged information, is overly broad, creates undue burden, or exceeds the court’s jurisdiction. Filed before the compliance deadline. The court rules on the motion before you have to comply.
Will a subpoena show up on a background check?
No, unless you are held in contempt for non-compliance, which would create a court record. A subpoena alone is not a public record of the recipient — it is a request, not a finding of any wrongdoing.
Do I get paid for time spent complying with a subpoena?
Witness fees for trial appearances are nominal in most jurisdictions ($40-$100 per day plus mileage). Document production typically does not pay you, though if production requires significant time and expense, you may be entitled to reimbursement of reasonable copying and processing costs.
