If you have just received a subpoena, do four things in order: read the entire document and note the compliance deadline, stop any deletion of records that might be responsive, call an attorney before you respond, and then decide whether to comply, negotiate the scope, or formally challenge it. Knowing what to do when you receive a subpoena matters because the document is a court order, not a request, and the serious penalties fall on people who ignore it rather than on people who raise legitimate objections.
Figure Out What the Subpoena Is Actually Demanding
Not every subpoena asks for the same thing. A subpoena ad testificandum orders you to appear and answer questions under oath at a deposition, hearing, or trial. A subpoena duces tecum orders you to produce documents, electronic records, or physical evidence. A hybrid subpoena demands both. The type you hold determines what compliance looks like and which objections make sense.
Check the face of the document for the issuing court, the case name and number, the parties, the attorney who requested it, and the exact date, time, and place of compliance. Those details drive every decision that follows.
Grand Jury Subpoenas Are a Separate Category
A grand jury subpoena comes out of a federal or state criminal investigation and plays by stricter rules. You generally cannot bring your attorney into the grand jury room, though under federal practice you may step outside to consult with counsel before answering a question.1U.S. Department of Justice. Justice Manual 9-11.000 – Grand Jury Grand jury subpoenas can be served anywhere in the United States and are harder to challenge than civil ones. If one lands in your hands, speaking with a criminal defense attorney is the first and most important step.
What to Do in the First 24 to 48 Hours
The clock starts the moment you are served. The compliance deadline is legally binding, and letting it slip can waive objections you otherwise would have had.
Preserve Everything Potentially Responsive
From the moment the subpoena is in your hands, you have a legal duty to preserve information that could be relevant. Do not delete emails, shred paper, or discard files that might fall inside the request. If you work in an organization, tell IT to suspend any automatic deletion policies for the relevant records. Destroying or altering evidence after a subpoena is called spoliation, and courts respond harshly: monetary penalties, an adverse-inference instruction telling the jury to assume the missing evidence hurt you, or in serious cases, dismissal of your claims or a default judgment against you.
Call a Lawyer Before You Respond
Talk to an attorney even if you intend to comply fully. A lawyer can confirm the subpoena is valid, flag any material protected by privilege, and tell you whether the scope is reasonable. This matters especially for third-party witnesses who are not parties to the underlying case — the rules give non-parties real protection against being pulled into burdensome production that has nothing to do with them.
Check Whether the Subpoena Was Properly Served
A subpoena only binds you if it was validly served. Under the federal rules, the server must be at least 18 and not a party to the case, and the document must be physically delivered. If it requires your attendance at a hearing, trial, or deposition, the server must also tender fees for one day’s attendance and mileage at the time of service.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Subpoenas issued on behalf of the United States are excepted from the fee-tender requirement. State rules vary but usually track the federal pattern. Defective service — the wrong person delivered it, no witness fees were tendered, mail was used where personal delivery was required — is a legitimate basis to challenge.
Geographic Limits on Where You Can Be Compelled to Appear
Federal subpoenas cannot pull you across the country. Under Rule 45(c), attendance at a trial, hearing, or deposition can only be commanded within 100 miles of where you live, work, or regularly conduct business in person.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena A broader rule applies to parties and their officers, who can be compelled anywhere within the state where they reside or work. Document production can also be required within 100 miles of your home or workplace. A subpoena that demands travel beyond these limits is vulnerable to challenge.
When You Can Refuse to Answer: The Fifth Amendment
If answering would expose you to criminal liability, the Fifth Amendment lets you refuse. The protection applies in civil cases, criminal cases, and grand jury proceedings. Your fear of incrimination has to be reasonable; embarrassment or financial harm is not enough.3Constitution Annotated. Fifth Amendment – General Protections Against Self-Incrimination Doctrine and Practice
Two traps catch people here. First, you have to actually claim the privilege. A witness who simply answers has waived it, and once you begin answering on a topic, a court may hold that you waived the privilege for follow-up questions on the same subject.3Constitution Annotated. Fifth Amendment – General Protections Against Self-Incrimination Doctrine and Practice Second, this is a personal right. Corporations and other organizations cannot invoke it to withhold business records, even where those records might incriminate an individual officer.
How to Push Back Without Defying the Subpoena
The choice is not between full compliance and defiance. If the subpoena is overbroad, unduly burdensome, or reaches privileged material, you have ways to narrow or block it.
Start With a Phone Call to the Issuing Attorney
The cheapest and fastest path is often a direct conversation. The attorney who issued the subpoena can agree to limit the date range, cut categories of documents, or extend the deadline. Many document disputes end here. Some federal courts require this kind of informal effort before they will consider a motion to quash, and even where it is not required, judges look favorably on parties who tried to work it out first.
File a Motion to Quash or for a Protective Order
If negotiation fails, the formal step is a motion to quash, asking a judge to invalidate the subpoena or limit its scope. A protective order is the related tool, imposing conditions on how you comply. Either motion must be filed before the compliance deadline — missing that window risks contempt. Under the federal rules, a written objection to a document subpoena must be served before the earlier of the compliance date or 14 days after service.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Recognized grounds for a challenge include privilege (attorney-client, doctor-patient, spousal, work product); overbreadth or irrelevance to the case; undue burden or expense disproportionate to the value of the information; improper service; insufficient time to respond; and geographic overreach beyond the 100-mile limit or other applicable boundary. The attorney who issued the subpoena has an affirmative duty to avoid imposing undue burden or expense on the recipient, and a court can sanction a violation by ordering the issuing party to pay your lost earnings and attorney’s fees.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Withholding Privileged Documents the Right Way
If any requested documents are privileged, you do not simply ignore the request or produce everything. You withhold the privileged items and create a privilege log. Federal Rule 26(b)(5) requires you to expressly claim the privilege and describe the withheld documents in enough detail that the other side can evaluate the claim without seeing the protected content.4Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Skipping the log, or doing it sloppily, can result in a court finding you waived the privilege entirely. This is work for your attorney.
What Compliance Actually Looks Like
If the subpoena is valid and you have no basis to challenge it, the task is detail work.
Producing Documents
Gather and organize everything responsive, and make copies before anything leaves your possession. If the subpoena specifies a format for electronic records, follow it. One practical point many people miss: if the subpoena only asks for documents, you generally do not have to show up in person. Under the federal rules, a person commanded only to produce documents or permit an inspection does not need to appear at the production location unless separately ordered to testify.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Testifying
Arrive on time. Testimony is under oath and carries the same legal weight as statements made in open court. Answer directly and truthfully. “I don’t recall” is a legitimate answer when it is honest, and a dangerous one when it is not. If you have counsel present, follow their lead on objections. For depositions, your attorney can prepare you beforehand, and that preparation makes a real difference.
Witness Fees You Are Owed
You are entitled to be paid for appearing. Federal law sets the standard attendance fee at $40 per day, which also covers travel time at the start and end of your appearance. Mileage is reimbursed at the same rate the federal government pays its employees for official travel, and the statute also covers tolls, parking fees, and taxi fares between lodging and transportation terminals.5Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally State courts set their own fee schedules, and most pay less than the federal rate. These amounts are modest, but you should not be out of pocket for travel.
What Happens if You Ignore a Subpoena
This is where people make their worst mistakes. A subpoena is not a strongly worded letter. Failing to comply with a valid one is contempt of court, and federal courts have broad power to punish contempt with fines, imprisonment, or both.6Office of the Law Revision Counsel. 18 USC 401 – Power of Court
Consequences escalate. A judge usually starts with monetary sanctions that can accumulate daily, and may order you to reimburse the other side for the attorney’s fees they spent chasing you. If you still refuse, the court can issue a bench warrant for your arrest and hold you in custody until you comply. For grand jury subpoenas, contempt under Federal Rule of Criminal Procedure 17 can mean significant fines and jail time.
All of this is avoidable. If you have a legitimate objection, file it. If you need more time, ask for it. If you plan to invoke the Fifth Amendment, invoke it properly. Courts punish silence and inaction, not good-faith legal challenges. The person who tosses the subpoena in a drawer and hopes it goes away is the one who ends up in the worst position.