Subpoenas: Responding to a Subpoena (Federal)

by David J. Lender, Jared R. Friedmann, Weil, Gotshal & Manges LLP with Practical Law Litigation

A Practice Note that outlines the key issues to consider when responding to a subpoena in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 45. This Practice Note discusses the critical first steps a recipient should take, including issuing a litigation hold and preserving documents, ESI, and other evidence. It details the various response options available, from full compliance to challenging the subpoena's validity. This resource provides practical guidance on serving written objections, moving to quash or modify the subpoena, and seeking a protective order under FRCP 26(c). It addresses the distinct considerations for subpoenas seeking documents versus those compelling testimony, including depositions of corporate representatives under FRCP 30(b)(6). The guidance explores mandatory and permissive grounds for quashing a subpoena, such as undue burden, privilege, and the disclosure of confidential information. This Practice Note also explains the significant consequences of failing to timely object to or comply with an otherwise valid subpoena.