Subpoenas: Responding to a Nonparty Subpoena Checklist

by Practical Law Litigation

A Checklist that outlines the key steps and strategic considerations for in-house counsel of a US company responding to a nonparty subpoena in a civil action. This Checklist addresses crucial initial actions, such as confirming proper service, implementing a litigation hold to preserve relevant documents and electronically stored information (ESI), protecting the attorney-client privilege and work product doctrine, and evaluating whether to retain outside counsel. It provides guidance on the various ways to respond, including informally negotiating with the issuing party, complying with the request, serving written objections, or challenging the subpoena in court. Key topics covered include the grounds for a motion to quash or modify a subpoena and when to move for a protective order to prevent undue burden, annoyance, or expense. This resource also helps navigate compliance costs, protect confidential business information, and understand the potential consequences of failing to respond appropriately.