What Should I Do If I Receive a Subpoena? A Business Owner’s Guide

Getting served with a subpoena can be stressful — especially if you’ve never seen one before. Whether you’re an individual, a small business, or a company executive, a subpoena means one thing: someone wants information from you for a legal case.

But don’t panic. A subpoena doesn’t automatically mean you’ve done anything wrong. It simply means you’ve been asked (or ordered) to provide testimony, documents, or both. What matters most is how you respond.

Here’s what every business owner should know.

1. Understand What a Subpoena Is

A subpoena is a legal order that requires you to do one of two things:

• Produce documents (called a subpoena duces tecum).

• Appear to testify (called a subpoena ad testificandum).

Subpoenas can come from a court, a government agency, or an attorney involved in a lawsuit. They are part of the discovery process — the way parties gather evidence for a case.

2. Don’t Ignore It

This is the most important step. Ignoring a subpoena can lead to serious consequences, including fines, contempt of court, or even arrest in extreme cases.

Deadlines matter. Most subpoenas give a specific date by which you must respond or appear. The clock starts ticking the moment you’re served.

If you’re not sure what to do, contact an attorney immediately — preferably one who has experience with subpoenas and litigation.

3. Figure Out What the Subpoena Is Asking For

Read the subpoena carefully. Look for:

• Who issued it (a court, a lawyer, or a government agency).

• What documents or testimony are being requested.

• The deadline for compliance.

• Whether it allows or requires remote production (email, secure upload, etc.).

Understanding exactly what’s being requested will help you and your lawyer decide how to respond — or whether to challenge it.

4. Preserve Relevant Information

Once you’ve received a subpoena, you have a legal duty to preserve any relevant evidence. That means:

• Don’t delete emails, texts, or files that might relate to the request.

• Suspend any automatic deletion settings in your systems.

• Instruct employees not to destroy or alter documents.

Failure to preserve evidence can lead to sanctions or penalties later, even if the underlying subpoena is resolved.

5. Determine If You Can (or Should) Object

You may not have to produce everything that’s requested. Your attorney can help you decide if any objections apply, such as:

• The subpoena is too broad or burdensome.

• It seeks privileged information (like attorney-client communications).

• It was not properly served.

• The information requested is confidential or trade secret–protected.

In these cases, your attorney can file a motion to quash (to cancel or limit the subpoena) or negotiate with the requesting party to narrow the scope.

6. Coordinate with Counsel Before Producing Anything

Before handing over documents or agreeing to testify, have your lawyer review everything.

• They can make sure you’re not waiving any legal privileges.

• They can help you prepare for testimony if you’re called to appear.

• If your business is not directly involved in the lawsuit, your attorney can argue to limit your obligations as a “third party.”

7. Keep Communication Professional and Confidential

Avoid contacting the party that issued the subpoena directly, unless your attorney advises otherwise. And don’t discuss the subpoena publicly or internally beyond those who need to know. The wrong communication can complicate your response or even expose you to additional legal risk.

Final Thought

Receiving a subpoena can feel intimidating, but with the right approach, it’s manageable. The key steps are simple:

• Don’t ignore it.

• Contact your attorney immediately.

• Preserve and review your records carefully.

• Respond strategically and on time.

A subpoena is a legal request for information — not necessarily a sign that you’re in trouble. Handling it properly protects your rights, your business, and your reputation.

This blog is for informational purposes only and not legal advice. If you receive a subpoena, consult experienced counsel to guide your response.