The Ins and Outs of Federal Subpoenas

The Ins and Outs of Federal Subpoenas

Getting a subpoena can be, like, super intimidating. What even are they? This article will give you the lowdown on federal subpoenas—what they are, how they work, and what your options are if you get one.

What is a subpoena?

A subpoena is basically a court order that requires you to provide information or show up somewhere to testify. There are a few different types:

• A subpoena to testify at a deposition or hearing
• A subpoena to produce documents or physical evidence
• A subpoena to allow inspection of your property

Subpoenas are used in both civil and criminal cases. They are an important tool for gathering evidence during an investigation or leading up to a trial.

Where do subpoenas come from?

Federal subpoenas are issued by the court where the case is filed. But here’s the weird part—the court doesn’t actually write up or serve the subpoena. That’s done by the lawyers or government agencies involved in the case. For example, if the FBI is investigating you, they can just fill out a subpoena form and serve it to you without even going before a judge. Pretty crazy right?

Since 1948, they [subpoenas] have been issued in blank by the clerk of any federal court to any lawyer, the clerk serving as stationer to the bar. In allowing counsel to issue the subpoena, the rule is merely a recognition of present reality…. [1]

The court’s role is basically just to provide the blank subpoena forms to whoever asks for them.

What needs to be included in a subpoena?

There are a few key things that must be in every federal subpoena for it to be valid:

• The name of the court where the case is filed
• The case name and number
• Who the subpoena is commanding (you!) and what you’re supposed to provide or where you need to testify
• The signature of the lawyer or officer issuing it
• Contact info for the issuing party
• The date by which you need to comply

Here’s an example of what a typical subpoena looks like:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

As you can see, it’s got the court name and case info up top, then lays out what exactly you’re required to do. Pretty straightforward.

How are subpoenas served?

For a subpoena to be valid, you have to be properly served with it. This usually means someone handing it directly to you or leaving it at your home or office. The rules vary a bit by state, but generally someone over 18 who is not involved in the case can serve the subpoena. It can’t just be tossed in your mailbox or emailed to you.

If you are served a subpoena, the server has to provide a “witness fee” to cover your travel costs and compensation for taking time off work. This is usually around $40. Not exactly gonna make you rich, but it helps a little!

How far can a subpoena reach?

Here’s where things get really crazy—federal subpoenas can be served anywhere in the United States! Let’s say there’s a court case going on in Florida. The lawyers or investigators on the case can ask the court clerk for blank subpoenas, then send those forms anywhere in the country and demand information or testimony. Wild right?

In authorizing attorneys to issue subpoenas from distant courts, the amended rule effectively authorizes service of a subpoena anywhere in the United States by an attorney admitted to practice in the issuing court. [1]

There are some limits though. The subpoena can only require you to travel within 100 miles of where you live or work. And it’s supposed to avoid causing you “undue burden or expense” in complying.

When can the government issue subpoenas?

Government agencies like the FBI, IRS, or SEC have a lot of power when it comes to subpoenas. Unlike in a civil court case between private parties, the government doesn’t need to file charges or go before a judge to get subpoenas. An agency can issue subpoenas whenever they are conducting an investigation that could lead to civil or criminal proceedings.

In allowing counsel to issue the subpoena, the rule is merely a recognition of present reality…. 322 (1957), the Court approved as established practice the issuance of administrative subpoenas as a matter of absolute agency right. And in NLRB v. Warren Co., 350 U.S. 107 (1955), the Court held that the lower court had no discretion to withhold sanctions against a contemnor who violated such subpoenas. [1]

So if you find yourself on the receiving end of an agency subpoena, know that they don’t need to prove anything to a judge first. The subpoena itself just needs to meet the requirements outlined earlier.

What are my options if I’m served with a subpoena?

Okay, so you got a subpoena from the federal government or lawyers in a civil case. Don’t panic! You have options here. Let’s walk through how you can respond:

Comply

If the subpoena seems reasonable and you don’t have anything to hide, complying is probably the easiest route. Make sure to keep careful track of what documents or evidence you hand over, and get receipts for any physical items. You may also want to request a copy of the complete case file, since you’re now involved.

Negotiate

If there are portions of the subpoena you think are unreasonable or overly burdensome, you can try negotiating with the issuing party. For example, if they are requesting “all communications between you and Bob from January 2018 to now” but you talk to Bob every day, you could ask them to narrow the date range or search terms. Most lawyers will work with you on good faith negotiations.

File a motion to quash

If you believe the entire subpoena is invalid or unenforceable, you can challenge it by filing a motion to quash with the court. This asks the judge to cancel the subpoena so you don’t have to comply. Grounds for quashing include things like improper service, requesting privileged information, or imposing undue burden. If you ignore the subpoena without filing a motion to quash, you could be found in contempt of court.

Challenges to a Federal Civil Subpoena… While complying with any subpoena can be labor-intensive, Federal Rule of Civil Procedure 45 prevents the issuing party from imposing an “undue burden” on the subject of the subpoena. This most often arises in the context of “document only” subpoenas in which the issuing party is not requiring the subject’s presence…. However, on the other hand, you do have the right to file a motion to quash the subpoena if you believe it imposes an undue burden. [6]

Assert a privilege

If the subpoena asks for information you believe to be confidential or privileged, you may be able to refuse disclosure. Common privileges include attorney-client privilege, doctor-patient privilege, or Fifth Amendment privilege against self-incrimination. Privilege claims should be raised in a motion to quash or protective order.

Request a protective order

If you can’t quash the entire subpoena but still have concerns about certain sensitive information, you can ask the court for a protective order. This allows you to produce documents or testify subject to certain restrictions—for example, requiring redactions or limiting who can access the information. The court will grant a protective order if it decides the privacy interests outweigh the need for disclosure.

What happens if I ignore a subpoena?

It’s generally a bad idea to just ignore a federal subpoena. Here’s what could happen:

• The court could hold you in contempt, which can result in fines or even jail time.
• Law enforcement could get a warrant to search your home or office for the information.
• In a civil case, the court may rule against you or impose sanctions like monetary penalties.
• In a criminal case, the prosecutor could file obstruction of justice charges against you.

So while it may be tempting to stick your head in the sand, it’s really important to take any subpoena seriously and respond promptly. Talk to a lawyer right away if you need guidance on your options.

Finding help

Dealing with a federal subpoena is no fun, but you don’t have to go it alone. Here are some options for finding help:

• Contact a civil liberties group like ACLU or Electronic Frontier Foundation
• Hire a lawyer experienced with federal cases
• If it’s from the IRS or SEC, talk to a lawyer who specializes in those agencies
• Ask the issuing party for more information on the case and their expectations
• Request assistance from the court clerk’s office on your rights and options

Having an expert on your side can really ease the stress. They’ll know all the rules and procedures, help negotiate with the other side, and make sure you don’t get taken advantage of.

The takeaway

While federal subpoenas can feel scary and intrusive, understanding how they work takes away some of their power. You always have options like negotiating or challenging the subpoena in court. With the right help and approach, you can get through it!