How to Respond When Served With a Subpoena: A Step-by-Step Guide for Businesses and Third Parties
Understanding your obligations, risks, and strategic options.
When the Subpoena Arrives
Few business moments are as stressful as receiving a subpoena—especially when your company isn’t even part of the lawsuit.
A subpoena is a formal court order requiring you to produce documents, provide testimony, or both.
Ignoring it can lead to court sanctions or contempt, but over-compliance can expose confidential or privileged information.
This guide explains what to do—step by step—when your company is served with a subpoena, whether as a party to the case or a third-party witness.
1. Stay Calm—and Don’t Ignore It
A subpoena is serious, but it’s not necessarily hostile. Many are routine requests for records.
What matters is responding properly and on time.
Deadlines are often short (sometimes 7–14 days), so prompt attention is critical.
Do not destroy, alter, or move any records mentioned in the subpoena—doing so can be considered obstruction of justice.
2. Identify the Type of Subpoena
There are generally two types relevant to businesses:
Subpoena duces tecum – requires production of documents or data.
Subpoena ad testificandum – requires testimony, often through a deposition or trial appearance.
Read carefully who issued it: a court clerk, government agency, or attorney under court authority.
That tells you which procedural rules (state or federal) apply.
3. Determine Whether Your Company Is a Party or a Third Party
If your company is a party to the litigation, the subpoena is part of the normal discovery process.
Your counsel can negotiate scope, timing, or protective orders.
If your company is not a party, different dynamics apply.
You have rights to limit burden and protect sensitive information.
Courts recognize that third parties deserve reasonable protection from undue expense or disruption.
4. Notify Counsel Immediately
Forward the subpoena—complete with attachments and envelope—to your attorney the same day.
Even if the request looks simple, your lawyer will evaluate:
Jurisdiction and service validity
Whether the subpoena was properly issued
What objections or privileges apply (attorney-client, trade secret, privacy)
Whether deadlines can be extended or narrowed
Good Pine P.C. often coordinates directly with opposing counsel to negotiate the scope before costly document production begins.
5. Preserve Relevant Documents
Once a subpoena is served, your company has a legal duty to preserve all potentially responsive materials, including:
emails, texts, cloud drives, Slack or Teams chats, accounting files, and backups.
Your lawyer will likely issue an internal litigation-hold notice instructing employees to stop deleting or overwriting data.
Failure to preserve evidence can result in spoliation sanctions—even if destruction was unintentional.
6. Evaluate Scope, Burden, and Confidentiality
Third-party subpoenas are often drafted broadly.
Your counsel can object or move to quash or modify the subpoena if it is:
Overly burdensome or expensive
Seeks irrelevant information
Requests confidential trade data or customer information
Violates privacy or export-control laws (e.g., foreign data transfers)
In many cases, protective orders can limit disclosure to “attorneys’ eyes only,” balancing compliance with confidentiality.
7. Coordinate Collection and Review
Once the scope is defined, your attorney will help manage document collection.
This may include using eDiscovery tools, reviewing for privilege, and preparing a production log that records what is withheld under privilege claims.
Never send raw data directly to the requesting party without review—this is one of the most common and costly mistakes.
8. Consider Cost-Shifting or Reimbursement
When a subpoena targets a non-party, U.S. law allows courts to shift or reimburse reasonable costs.
If compliance requires significant staff time or vendor expense, your counsel can request compensation or a narrowed scope.
9. Prepare for Testimony
If the subpoena requires testimony, your lawyer will help you prepare.
Deposition questions typically focus on authenticity of records, corporate structure, or factual background—not blame or liability.
Well-prepared witnesses stay factual, calm, and concise.
10. Preserve Relationships and Reputation
A subpoena can be disruptive, but it doesn’t have to damage business relationships.
Professional, timely compliance signals integrity and cooperation.
Conversely, unplanned disclosure of sensitive information—or missed deadlines—can erode trust with clients and regulators alike.
Key Takeaways
Act quickly – deadlines are short.
Engage counsel – even simple subpoenas carry hidden risks.
Protect confidentiality – negotiate scope and protective orders.
Preserve evidence – stop all deletions immediately.
Document your compliance – maintain records of every step taken.
Being proactive turns subpoena compliance from a crisis into a controlled process.
Conclusion
Whether your company is a party to litigation or simply caught in the crossfire, the right response to a subpoena requires speed, precision, and judgment.
Handled properly, compliance can be efficient and protective—not costly or chaotic.
At Good Pine P.C., we guide businesses through each stage of subpoena response, ensuring legal obligations are met while minimizing disruption to operations and safeguarding sensitive data.
Disclaimer
This publication is provided by Good Pine P.C. for general informational and educational purposes only.
It does not constitute legal advice, does not create an attorney–client relationship, and should not be relied upon as a substitute for individualized legal counsel.
Because every matter depends on specific facts and applicable law, readers should consult qualified counsel licensed in the relevant jurisdiction before taking or refraining from any legal action.
Good Pine P.C. is a U.S. law firm based in New York and New Jersey.
Our attorneys advise clients solely on matters governed by U.S. federal and state law.
References to subpoena procedure, discovery obligations, or compliance strategy are provided for general understanding only and may vary by jurisdiction.
