What do you do if you are not a party to a lawsuit but you are served with a subpoena?
In both Federal and State Court cases in Nevada, parties and the Court have the ability to serve a subpoena on a non-party to compel a non-party to testify or produce documents or tangible items. If you are a non-party served with a subpoena, it is likely you are not represented by an attorney for the matter. Whether you need an attorney to respond to a subpoena as a non-party depends on several variables.
When you are served with a subpoena, usually in person but sometimes by mail, don’t panic. Just as important as not panicking is don’t ignore the subpoena. Next, carefully read the entire subpoena along with any accompanying correspondence. It is not unusual to receive simple instructions and information that will provide you with important information on how to proceed. Once you have carefully read the information provided to you, analyze if the subject matter of the subpoena is significant to you. For example, if you are served with a subpoena to testify as an eyewitness to an auto accident that did not involve you, this type of subject matter is likely one that you are not too concerned about the outcome of your testimony. On the other hand, if you have received a subpoena to disclose personal financial information, you will be very concerned about the outcome. If you are not sure if you should be concerned about providing information pursuant to a subpoena, your most prudent course of action is to consult with an attorney. Consulting with an attorney is also important if the subpoena presents you with undue burden and expense if you comply with the subpoena.
Remember that subpoenas are always time sensitive. This means that you need to make decisions quickly on how you will react to a subpoena, recognizing that your options range from complying with the subpoena to moving to quash the subpoena. Whatever you do, it is generally not wise to ignore a subpoena because you can face significant sanctions if you fail to properly respond to a subpoena.
If you are served with a subpoena, the attorneys at Lemons, Grundy & Eisenberg may be able to assist.