What To Do if You Receive a Federal Subpoena
Surprise, worry, panic – these are some of the feelings you might first encounter upon being served a federal subpoena, whether in a criminal or civil matter. But as daunting as the prospect might be, do not immediately jump to imagining worst-case scenarios. At its basic level, being served with a subpoena is a court-enforced requirement for you to provide information in some form or another.
Understanding your rights, what it is the government or a private party, such as an insurance company, may be looking for, and the necessary steps to take in response to a subpoena will allow you to handle the situation correctly. Here are the basics that you need to know about receiving, and responding to, a federal subpoena.
What does it mean if you get a subpoena?
If you receive a subpoena, this means you are receiving an official, court-enforced request for information. In some circumstances, federal prosecutors or civil lawyers will use the information you provide as a source of evidence for the case they are building, which you may or may not be the target of in a criminal case or a witness or party in a civil matter. For example, if there is an ongoing criminal investigation into official misconduct at your place of employment, the government may issue a subpoena to obtain testimony before a grand jury.
Keep in mind that judges are not the only ones who can issue subpoenas—attorneys can also do so with the backing of the court as part of their efforts to gather information.
Types of subpoenas
There are different types of subpoenas with different goals. They usually fall into one of the following three categories.
1. Deposition subpoena
This type of subpoena is used in the context of the pre-trial discovery process known as a deposition. It requires the person receiving it to appear for a deposition so that they can be questioned under oath and their responses recorded for later use in the legal proceedings. You may be a witness or a party to a case and have to give a deposition.
2. Subpoena duces tecum
This type of subpoena requires the recipient to produce specific documents or other evidence for a legal case. In addition to compelling the production of documents, a subpoena duces tecum may also solicit legal testimony.
3. Subpoena ad testificandum
Also known as a “witness subpoena,” this is a subpoena to testify in court as a witness in a legal proceeding, such as a suppression hearing or at trial.
No matter what type of subpoena you receive, it is crucial to get legal support immediately. Legal counsel can help you better understand the requirements of your subpoena and identify your best strategy for responding, including narrowing the scope of the subpoena and thus what information you need to provide in response.
How long do you have to respond to a federal subpoena?
In general, after a subpoena is issued, you have 14 days to respond to it. The countdown begins as soon as you receive (or are “served”) the subpoena. This is the case unless there is a specific court order or agreement specifying a different time frame.
The subpoena itself should outline your time frame for responding to it, so be sure to review the document carefully to make sure you are aware of how much time you have to respond. If you believe the time you have to respond is insufficient, you can also request an extension, but you should do so immediately to avoid missing the deadline.
Some reasons why you might request an extension include:
- Needing to hire a lawyer to help you respond to the subpoena
- Traveling during the timeframe you are being asked to testify or provide documents
- Health challenges that prevent you from meeting the requirements
- Or other logistical reasons that make it impossible to comply
Failing to respond within the specified time and without requesting an extension can have major legal consequences, including being charged with contempt of court. This could lead to hefty fines or even jail time, depending on the specifics of the situation.
When a lawyer gets involved, they are almost always granted an extension of time for their client to respond to the subpoena, both so the lawyer has an opportunity to meet with the client and also to determine what information is responsive to the subpoena request.
Can you ignore a federal subpoena?
No, you absolutely cannot ignore a federal subpoena without experiencing potentially serious legal consequences. (The fact that the word “subpoena” is Latin for “under penalty” sums up the threat that underlies this legal writ.)
If you refuse to comply with a federal subpoena—whether you refuse to answer a question while testifying, fail to show up to a scheduled deposition hearing, or do not bring the evidence you are legally required to provide—an attorney can file a “motion to compel.” This is an official court order to supply the testimony or evidence they have requested with the original subpoena.
If you also fail to heed this motion, you could experience significant legal sanctions and penalties, in addition to being held in contempt of court and having a failure to appear warrant issued.
Do you have to comply with a subpoena?
You do have some alternatives to complying with a subpoena. You can hire a lawyer to object to it in writing or file a motion to quash (reject by legal procedure) or modify it. A lawyer can also seek to modify it, or narrow its scope, through negotiation with the attorney issuing the subpoena.
If you decide not to comply, you should seek professional legal counsel to ensure you are following all the necessary procedures for doing so, being strategic, and protecting your legal interests as much as possible.
Consult with an attorney
Dughi, Hewit & Domalewski’s team of New Jersey attorneys will provide the guidance you need to respond strategically to a federal subpoena. They will draw on their extensive experience to interpret the subpoena, advise on your appropriate course of action, and ensure that you comply with all legal requirements while achieving the best possible outcome.
Ready to learn more about how Dughi, Hewit & Domalewski can help? Reach out to schedule a consultation with our team today.
