Federal Subpoena Response Deadlines and Penalties

If you’ve been served with a federal subpoena, the stakes and deadlines are high. Federal subpoenas are part of criminal investigations or regulatory actions handled by powerful agencies like the Department of Justice, the SEC, or a federal grand jury. Understanding how much time you have to respond — and the severe penalties for delay — is critical.

At Peter Katz’s law firm, we focus on helping individuals and businesses navigate the complex demands of federal subpoena compliance to protect their rights and avoid legal consequences. We can discuss whether extensions are possible and provide guidance on handling a federal subpoena response efficiently and legally.

Understanding Federal Subpoena Response Deadlines

The exact time you must respond to a federal subpoena varies, but generally, deadlines range from a few days to a few weeks. The timeline is typically specified on the subpoena document itself. If you are served with a subpoena, carefully reviewing the stated deadline and scope of the request is the first step in ensuring compliance.

Federal Grand Jury Subpoenas

Federal grand jury subpoenas are issued as part of a criminal investigation and require either testimony or document production. They often have strict and short deadlines, typically requiring compliance within 7 to 14 days.

If you are subpoenaed to testify before a grand jury, your appearance date is non-negotiable unless your attorney successfully petitions for a delay. Federal prosecutors may allow some flexibility if the subpoena requires document production, but ignoring the request entirely can lead to contempt charges.

Trial Subpoenas

If a trial subpoena is issued in a federal criminal or civil case, it will specify a court date by which you must appear or produce the requested materials. These deadlines are strictly enforced because trial proceedings follow a set schedule. If you receive a subpoena to testify in court, you must appear on the date stated, unless your attorney can negotiate an alternative arrangement.

Subpoenas Issued by Federal Agencies

Federal agencies such as the SEC (Securities and Exchange Commission), IRS, DOJ (Department of Justice), or FBI may issue subpoenas as part of regulatory or investigative proceedings. The deadlines in these cases can vary but are usually between 10 and 21 days from the service date.

Because federal agencies have broad investigatory power, failing to comply within the deadline can result in legal enforcement actions, including civil or criminal penalties.

What Happens If You Miss the Deadline?

Failing to meet the response deadline for a federal subpoena can have serious consequences. Courts and federal agencies take subpoenas seriously, and noncompliance can lead to escalating legal actions.

Contempt of Court

If you ignore a subpoena or fail to respond on time, the court may hold you in contempt. Contempt penalties vary but can include:

• Fines for noncompliance
• A court order compelling you to respond immediately
• Jail time in extreme cases, particularly in criminal investigations

Obstruction of Justice Charges

If the subpoena requires the production of documents, delaying compliance could be seen as an attempt to hide or destroy evidence. This could result in obstruction of justice charges, which carry severe criminal penalties. Even if the delay is unintentional, it could lead to increased scrutiny by federal prosecutors.

Default Judgment in Civil Cases

Failing to comply with a subpoena in civil cases could lead to a default judgment against you or your business. This means the court may rule against you automatically because you failed to provide necessary evidence or testimony.

Can You Request More Time to Respond?

If the subpoena demands extensive documents or requires testimony on short notice, you may be able to request an extension. Courts and federal agencies understand compliance can be burdensome, particularly for businesses with large volumes of records to review.

Filing a Motion for Extension

Your attorney can file a motion to extend the deadline, citing reasons such as:

• The volume of requested documents is too large to compile in the given timeframe
• You need additional time to consult legal counsel and review privileged materials
• The subpoena places an undue burden on you or your business

While federal courts are not obligated to grant an extension, they may allow reasonable modifications to the deadline if requested in good faith and supported by valid reasons.

Negotiating with Federal Prosecutors or Agencies

If your subpoena is part of a grand jury investigation or a federal agency inquiry, your attorney may negotiate directly with federal prosecutors or investigators for an extension. In many cases, they may be willing to adjust the deadline, provided they believe you are acting in good faith to comply.

However, never assume an extension is granted unless you receive written confirmation. Failure to meet the original deadline without proper approval can still result in legal penalties.

How to Ensure a Timely and Proper Response

If you receive a federal subpoena, handling your response promptly and strategically is critical. Here’s how to manage your subpoena compliance effectively:

1. Do Not Ignore the Subpoena – Even if you believe the subpoena is unfair, it is legally binding. Ignoring it can have serious legal consequences.
2. Consult an Attorney Immediately—A subpoena defense lawyer can help you understand your rights, determine the scope of compliance, and negotiate deadlines if necessary.
3. Review the Subpoena Carefully – Identify what is being requested, whether it involves testimony, documents, or both, and confirm the response deadline.
4. Gather the Required Documents or Prepare for Testimony – If you must produce documents, work with your attorney to ensure all required materials are preserved, reviewed, and properly formatted. If testifying, your lawyer can help you prepare for questioning.
5. Request an Extension If Necessary – If compliance within the given deadline is not feasible, your attorney may file a motion to extend the deadline or negotiate an alternative timeframe.
6. Respond by the Deadline – If no extension is granted, ensure your response is submitted on time to avoid penalties.

Timely Action is Critical in Federal Subpoena Cases

A federal subpoena is not a request but a legal order requiring prompt and appropriate action. The time you have to respond depends on the issuing authority and the nature of the request, but in most cases, deadlines range from 7 to 21 days.

Failing to respond on time can result in contempt charges, financial penalties, or criminal liability, so it is crucial to act quickly and consult legal counsel as soon as you receive a subpoena. If you need more time to comply, an attorney may be able to negotiate an extension or file a motion for relief, but you must act before the original deadline expires.

At the Law Offices of Peter Katz, we specialize in subpoena response strategies and can help you navigate the complexities of federal subpoenas, grand jury investigations, and regulatory inquiries. If you have received a subpoena and need immediate legal assistance, contact us today to ensure your response is timely, legally sound, and protects your rights.