The process you’ll take to subpoena documents will differ depending on what type of suit you’re involved in as well as the role of the person or company in charge of the documents. Work with an attorney to determine the best course of action to take in your individual situation. If you strongly prefer not to work with an attorney, be sure to conduct thorough research on your state’s subpoena laws. Go to your state’s court website or visit the county clerk to find out more information.
For example, if you want a record of your incoming and outgoing telephone calls from your phone company, you will want to know the name of the person in charge of the records department at that company. In some cases, you might be able to get the documents without going through the subpoena process if you simply request the documents you need. However, telling someone that you are involved in a suit without serving them a subpoena could give them time to destroy the documents you need so they won’t be legally obligated to hand them over. Again, working with an attorney is your best bet for determining the best actions to take in your situation. Corporations and limited liability companies (LLC’s) have specific assigned agents for service and failing to send the document to the proper agent will result in your subpoena duces tecum being ignored. You can locate a corporation or LLC’s registered agent by visiting your Secretary of State’s website. You may also check the company’s website or call the company and ask who can accept service on behalf of the company.
Most state and federal court websites post fillable subpoena duces tecum forms in . pdf format that you can fill out on your computer. For example, the California Courts’ website provides a fillable . pdf of its subpoena duces tecum. An example can be found here.
When subpoenaing documents, it is important not to be overly broad nor overly narrow in describing them. Otherwise, the person you are requesting the documents from may challenge the subpoena or you may be bombarded with so many documents that it will be hard for you to find the information you are looking for. For instance, if you only need a bank statement from only one month (i. e. “March bank statement”) in a two-year period, a request for bank statements from the entire two-year period may be challenged as overly broad. By the same token, being overly narrow may prevent the document you are looking for from being turned over.
Some documents may be subject to “attorney-client privilege. ” The attorney-client privilege protects communications between an attorney and his or her client by keeping those communications confidential. [5] X Research source Swidler & Berlin v. United States, 524 U. S. 399, 403 (1998) The “psychotherapist-patient privilege” prevents the disclosure of confidential communication made during the course of the diagnosis or treatment of a mental or emotional condition. [6] X Research source Jaffee v. Redmond, 518 U. S. 1 (1996) The “spousal privilege” also known as the “marital” or “husband-wife” privilege, prevents the disclosure of confidential communicates made between spouses during the course of their marriage. [7] X Research source Trammel v. United States, 445 U. S. 40 (1980) If you are using a subpoena duces tecum to view “privileged” communications, your request will likely be challenged in court. In addition to “privileged” documents, some types of information like trade secrets may also be challenged as inappropriate. If you are considering requesting documents that may be privileged or contain trade secrets, you should consult with an attorney.
Personal service. Personal service means the hand delivery of the document by someone other than yourself. In the case of a subpoena duces tecum, this is a preferred method of service. [8] X Research source All states require that the person delivering the document(s) is at least eighteen years old. Many also require that the party delivering the document(s) sign and file with the court an affidavit of service, which describes how he or she delivered the document. First class United States mail. Most mail you send and receive is likely sent this way. While serving many types of court documents via first class mail is acceptable, it may not be in the case of a subpoena duces tecum in your state. Certified mail. Certified mail, whether a return receipt is requested or not, is almost always an acceptable form of service for court orders such as a subpoena duces tecum. Facsimile or other delivery method. Under certain circumstances, you may be able to deliver your subpoena in an informal manner, such as by fax or email attachment. For example, this may be acceptable when a party has already agreed to provide you with the documents, but you must provide a subpoena duces tecum for legal purposes due to her company’s policy requirement.
For example, this may be acceptable when a party has already agreed to provide you with the documents, but you must provide a subpoena duces tecum for legal purposes due to her company’s policy requirement.
For a criminal case subpoena, the documents will be delivered directly to the clerk of court or judge. The court will determine what kind of access you will have to the documents. For a civil case subpoena, the subpoena will specify whether you are asking to view the documents or you are requesting copies delivered to you. If you are simply requesting access to the documents, the recipient of the subpoena can specify where and when (typically normal business hours) you can either view or copy documents yourself. If you request copies, they will be mailed or delivered to you by the recipient. The records will be accompanied with an affidavit or declaration about the documents and how they were prepared. The recipient of the subpoena is entitled to costs for responding to the subpoena, including copying costs and payment for the hours it took employees to prepare the documents.
