Understanding Subpoenas - Texas Council on Family Violence

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48VI. SUBPOENA PROTOCOLS• Agency policies on responding to subpoenas and making the policies knownto staff, board members and volunteers.• Training receptionists or front desk people on what to do and who to informwhen notice is received or service is attempted.• Train agency staff on the importance of refusing to confirm or correctinformation requested by someone serving a subpoena or a warrant.When do we need to contact an attorney?• Decide who is responsible for attorney contact and follow-up.• Contact your attorney for all subpoenas requiring testimony. For discoverysubpoenas, the custodian of records can decide whether attorney assistanceis needed.• Have the attorney’s contact information, including fax number, readilyavailable.2. Developing external protocolsHow can we collaborate with local law enforcement?• It makes sense to collaborate with the constable and sheriff’s office on a welldefinedprocedure for service and acceptance of subpoenas as well as otherlegal documents requiring service (like citations and writs) on your agency.• Set up a meeting with local law enforcement to collaborate on process-relatedissues.• Determine mutually preferred days and times for service on shelter residents.• Determine mutually preferred days and times for service on the custodian ofrecords.• Discuss how arrest and search warrants might be executed in the leastthreatening and intrusive manner possible.B. Developing Protocols for Challenging <strong>Subpoenas</strong>How far should we go with a subpoena challenge?UNDERSTANDING SUBPOENAS
VI. SUBPOENA PROTOCOLS 49Discuss how far the agency is willing to go to challenge a subpoena.Options include:• Respond to the subpoena in whole or in part.• Release nothing and risk contempt.• Object to the subpoena on the basis of defective service, no witness fee orother objectionable grounds.• Ask the issuer to modify the scope of the subpoena or cure the defect.• Admit to responsive information but fight disclosure based on privilege.• Ask the judge to review the documents privately (in camera) to determinewhat documents might be privileged.• If the motion to quash is denied, take the case to a higher court or tribunalthrough mandamus or appeal.What effect would it have on the agency and client if a legal challengeshould fail?Consider the potential impact if the legal challenge fails and client informationis released. As a nonparty, the agency may not know in advance how thesubpoenaed information might be used at trial. The outcome of the case couldhinge on the very information supplied, or it might not be used at all.• If the challenge expends considerable time and resources and nonethelessresults in failure, consider what could have been done differently and whatcan be learned from the experience.• If the court refuses to protect information despite the challenge, under whatcircumstances the judge should be subject to mandamus or appeal?• Would there be any impact on the agency’s standing in the community?• How would the agency deal with the client following a loss?• If the court orders release of documents or information, a program may needto re-assess its options, such as whether to risk contempt if the motion toquash fails.UNDERSTANDING SUBPOENAS
Page 1: Understanding <str
Page 5 and 6: TABLE OF CONTENTS 32. Privilege - A
Page 7: TABLE OF CONTENTS 5Conclusion . . .
Page 11 and 12: INTRODUCTION 9This publication is i
Page 13 and 14: I. Subpoena BasicsA. Subpoe
Page 15 and 16: I. SUBPOENA BASICS 13can compel the
Page 17 and 18: I. SUBPOENA BASICS 15Documents only
Page 19 and 20: I. SUBPOENA BASICS 17• An acknowl
Page 21 and 22: II. RESPONDING TO A SUBPOENA 19II.R
Page 23 and 24: II. RESPONDING TO A SUBPOENA 215. S
Page 25 and 26: II. RESPONDING TO A SUBPOENA 23tend
Page 27 and 28: II. RESPONDING TO A SUBPOENA 25Obje
Page 29 and 30: II. RESPONDING TO A SUBPOENA 27rath
Page 31 and 32: II. RESPONDING TO A SUBPOENA 29Lice
Page 33 and 34: III. QUASHING THE SUBPOENA 31III. Q
Page 35 and 36: III. QUASHING THE SUBPOENA 33quash
Page 37 and 38: III. QUASHING THE SUBPOENA 354. <st
Page 39 and 40: IV. COMPLYING WITH THE SUBPOENA 37I
Page 41: IV. COMPLYING WITH THE SUBPOENA 39O
Page 44 and 45: 42V. NOTIFYING THE CLIENT1. Client
Page 46 and 47: 44V. NOTIFYING THE CLIENTIf a subpo
Page 49: VI. Subpoena ProtocolsVI. SUBPOENA
Page 54 and 55: 52SAMPLE FORM: SUBPOENA INTAKE CHEC
Page 57 and 58: SAMPLE FORM: MOTION TO QUASH 55SAMP
Page 59 and 60: SAMPLE FORM: MOTION TO QUASH 574. T
Page 61 and 62: SAMPLE FORM: MOTION TO QUASH 59CJD
Page 63 and 64: SAMPLE FORM: ORDER GRANTING MOTION
Page 65 and 66: SAMPLE FORM: ORDER GRANTING MOTION
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Understanding Subpoenas - Texas Council on Family Violence

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