How to Respond to a Subpoena for Documents or Testimony
James Marketos is a partner in the Washington, DC, law firm of Berliner, Corcoran & Rowe. He specializes in complex civil litigation and has more than three decades’ experience in private practice with law firms in New York City and Washington. Representing individuals and corporations, as either plaintiffs or defendants, he tries cases and conducts appeals in federal and state courts around the nation. He also handles international and domestic arbitrations.
Mr. Marketos graduated from Princeton University and New York University School of Law. Before entering private practice, he clerked for a federal judge in Manhattan.
Mr. Marketos is a member of the New York and the District of Columbia bars and is admitted to practice in the Supreme Court of the United States and numerous lower federal courts.
Subpoenas are legally enforceable evidence-gathering tools. They are routinely used in all kinds of proceedings (civil, criminal, arbitration, regulatory). Even if you are not involved in a dispute, you can be subpoenaed by a party to the dispute and required to provide relevant information. The subpoena may require you to testify under oath, or to disclose documents (including electronically stored information), or to permit the inspection of premises. If you fail to respond, you could put yourself or your company at risk of contempt of court, with ensuing monetary sanctions and potential jail time. If you fail to respond properly, you or your company could disclose more than you legally have to.
- What’s a subpoena?
- What types of the subpoena are there?
- What are subpoenas used for?
- How are subpoenas served?
- What are the options for responding to a subpoena?
- What happens if you don’t respond to a subpoena?
Who Should Attend
- Corporate records custodians who seek guidance on how to deal with subpoenas received in the regular course of business
- Corporate compliance officers responsible for responding to subpoenas issued by regulatory agencies
- Corporate officers with knowledge or information relevant to pending disputes, whether involving their company or others
Why Should You Attend
- Learn the basics about what subpoenas are and how they're used
- Learn what the options are for responding to a subpoena
- Learn the consequences for not responding to or obeying a subpoena