Understanding Subpoenas - Texas Council on Family Violence

II. RESPONDING TO A SUBPOENA 215. Subpoena for “custodian of records”As noted earlier in this guide 24 , subpoenas for deposition on written questions anddiscovery subpoenas cannot be validly served if the subpoenaed party has not receiveda written notice of intent to serve the subpoena. 25 More often than not, these typesof subpoenas are directed to the custodian of records.Absent the required notice, service of these types of subpoenas is grounds for anobjection based on defective service based on the issuing party’s failure to complywith the notice requirement. Depending on the information requested and the extentto which you will challenge its disclosure, you can either:• File a formal written objection with the court, or• Contact the issuer and insist that they comply with the notice requirementsof Rule 205 of the <strong>Texas</strong> Rules of Civil Procedure. The practical effect is togain more time to gather and produce the information sought to becompelled.6. Contacting your agency lawyer<strong>Subpoenas</strong> are time-sensitive, and require legal attention well in advance of thedeadline listed in the subpoena.Notices: Upon receipt of the written notice of intent to serve a subpoena, notify thecustodian of records and deliver a copy to her immediately. Depending on the kindand quantity of information requested in the notice, the custodian of records canrequest advice from your agency attorney on what to disclose if and when thesubpoena is served.<strong>Subpoenas</strong>: If a subpoena compels the appearance of an employee or volunteer, fax thesubpoena to the agency lawyer the day you receive it. Do not wait. Any action to challengethe subpoena must be made well in advance of the subpoena deadline. The longer the24 Part I. Subpoena Basics, B. <strong>Subpoenas</strong> – Issuance,Notice and Service 2. – Notice of a Subpoena,supra.25 Tex. R. Civ. P. 200.1(a); Tex. R. Civ. P. 205.3(b)(3);200.1(b).UNDERSTANDING SUBPOENAS