Subpoena Response Deadlines: How Much Time Do You Have?

Federal subpoenas are court-ordered documents served on non-parties, such as business associates, requesting documentary evidence or testimony. Subpoenas requesting witness testimony at a court hearing or deposition generally set the specific date and time you must appear.

Subpoena duces tecum, which order you to produce documentary or physical evidence, will also set a compliance deadline. This deadline should provide sufficient time for the receiver to obtain the requested evidence. Still, courts often have rubber-stamp general deadlines without considering the nature of the request and your ability to comply.

In such cases, you need a lawyer experienced in the federal criminal court process, like Peter Katz, who will file a timely motion to quash (void) the subpoena. These motions must generally be filed within 14 days, so it’s essential to contact his New York or New Jersey office immediately after receiving a federal subpoena.

General Federal Subpoena Response Deadlines

Under Federal Rule of Civil Procedure 45, you must respond to a civil subpoena either by the deadline provided in the document or within 14 days. Criminal subpoenas issued under Federal Rule of Criminal Procedure 17 must generally set a reasonable compliance deadline before trial, and any motion to quash must be filed ‘promptly.’

Civil motions to quash, which ask the court to void or modify a subpoena, must be filed within 14 days or before the requested response deadline, whichever is earlier. If the subpoena requests you appear for a deposition in 7 days, an experienced federal defense lawyer must file the motion to quash before the deposition date.

If the deadline does not give you enough time to comply, or you cannot appear on the date requested for work, personal, or financial reasons, legal counsel can ask the court to modify the order. Federal judges understand that, for those unfamiliar with the legal process, it’s easy to miss the quick 14-day deadline. Your attorney can ask the court to forgive any unintentional non-compliance and set a new compliance deadline.

Filing a Motion to Quash a Subpoena in NJ or NY District Court

Responding to a federal subpoena differs from complying with the terms of that subpoena. You should not ignore a federal subpoena, but your attorney may file a motion to quash (modify or void) the subpoena rather than force unmanageable document production. This motion, provided for by Civil Rule 45 and Criminal Rule 17, may include the following objections:

• Lack of personal jurisdiction
• Unduly burdensome request
• Overbroad evidentiary and testimonial request
• Unmanageable expense (discovery cost or time)
• Failure to comply with out-of-state certification requirements
• Improper service of process
• Not enough time to comply
• Requested information that is private or privileged

Federal subpoenas are issued by the clerk or attorneys at the request of one party. Judges rarely review and issue these documents, meaning you may receive an unreviewed and non-compliant request for information. You have the right to object to the scope and validity of these documents in federal court.

Retain an Experienced Federal Criminal Lawyer

The deadline to respond to a federal civil subpoena is generally 14 days, but it could be earlier. Do not ignore this deadline. If you cannot fully comply, contact federal criminal lawyer Peter Katz immediately at his New York or New Jersey office by calling (609) 849-3179 or connecting with him online.