What To Do If You Get a Subpoena From The Government

Lesley Brovner & Mark Peters
August 18, 2025

One of the main tools used by the government to obtain information in its civil and criminal proceedings, is the issuance of subpoenas.  Receiving a subpoena can be stressful for individuals and companies and complying with a subpoena can be complicated and time consuming.  Outlined below, is some basic information concerning government subpoenas and what to do if you receive one.

What Is a Government Subpoena?

A government subpoena is a specific type of demand from the government for either documents or testimony.  It is issued pursuant to the government agency's subpoena powers which will be delineated in a local, state or federal statute.  A subpoena will always clearly state that it is a "Subpoena" on the face of the document.  There are other types of requests from the government for information as well, that are discussed below.

Types of Subpoenas You Might Receive

The government (various city, state and federal agencies) can issue subpoenas in both criminal and civil proceedings.  Broadly speaking there are two main types of subpoenas.  The first – called a subpoena ad testificandum – requires a person to appear and answer questions under oath as a witness – for example at a grand jury proceeding, a deposition or a trial.  The second – called a subpoena duces tecum – requires a person or entity to produce documents to the government.  Both types of subpoenas can be issued in both criminal and civil proceedings.

Why You Were Issued a Subpoena

People and entities are issued subpoenas when the government believes they have documents or information helpful to an investigation, trial or other governmental proceeding.  The fact that you were issued a subpoena – in and of itself – does not tell you whether you are the subject or target of the investigation or merely a witness with no legal liability in the matter.

Do You Have to Comply With a Subpoena?

Generally, yes.  In some circumstances, if you believe the subpoena is wrongfully issued or "unduly broad" – meaning it seeks far too much information or far too many documents – you can file a motion in court to quash the subpoena.  However, the government gets great deference in these matters, and you should only move to quash as a last resort, after consulting with legal counsel and attempting to negotiate the terms of the subpoena with the government.

Steps to Take Immediately After Receiving a Subpoena

There are two steps you should immediately take is you are served with a subpoena.  First, you should contact a lawyer with experience handling government subpoenas.  That lawyer will be able to advise you as to what is required and may also be able to reach out to the government agency issuing the subpoena to determine whether you are the target of an investigation or merely a witness.  Second, you should immediately take steps to preserve all relevant documents that the subpoena seeks.  This means informing staff that they are not to throw away paper documents or delete electronic documents.  Also, if you or your organization have an automatic delete function set up, that must be disabled to prevent inadvertent destruction of documents.

What Other Types of Requests for Information can the Government Issue?

In addition to subpoenas, there are other ways for the government to demand information.  The most common is a Civil Investigative Demand, which can be served by certain federal agencies seeking information within their jurisdiction.  Additionally, both city, state and federal agencies can send letters of inquiry which are not formal demands – and thus not enforceable by the courts – but which you may wish to cooperate with nonetheless after conferring with a lawyer about the pros and cons of such cooperation.

Should You Speak to Investigators or Agents?

You may wish to speak with an attorney prior to talking to government investigators or agents.  This is especially so if you have reason to believe that you are the target or subject of the investigation that led to the subpoena.

How a Lawyer Can Help You Respond Strategically

A lawyer familiar with governmental investigations can help assess your liability (either criminal exposure if it is a criminal subpoena or financial or injunctive liability if it is a civil subpoena).  In the event that you are solely a witness with no criminal or civil exposure, you may also need an attorney if a large number of documents are requested, both to try to narrow down the number of documents produced and to manage the production process including a review to make sure privileged documents are not inadvertently produced.

Why It's Critical to Act Quickly and Carefully

Once you have been served with a subpoena, there is a legal obligation to comply (or move to quash).  The subpoena will come with a deadline for compliance which may provide for only a short turnaround to produce documents or attend a proceeding and provide testimony.  You do not want to miss this deadline or provide incomplete documents or testimony, because failure to comply can make things worse if you are the target or subject of an investigation and can anger the government into taking steps against you if you were simply a witness.  At the same time, this must be handled carefully, because once documents are produced or testimony is given, they cannot, for the most part, be taken back.   The production of documents that indicate wrongdoing should be carefully reviewed by counsel prior to their production in order to determine if there are privilege or 5^th Amendment issues that should be raised.

Contact Peters Brovner Today!

If you have received a subpoena or have otherwise gotten a request for information from a government agency, contact the lawyers at Peters Brovner who have extensive experience in this area, for a consultation.