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According to Civil Procedure Rule 45, a litigant may send a subpoena to a person who is not a party in the case requesting that they “produce designated documents.”

The person who receives the subpoena is not required to appear for a deposition.  But he or she will usually be asked to sign an affidavit or certificate verifying the authenticity of the information they are providing.

The person receiving the subpoena has 30 days to respond by providing the documents or 10 days to object to the request.

If an objection is made, the attorney requesting the documents will likely file a motion at court asking the judge to order compliance with the subpoena.

If you have questions about civil litigation, please contact me at justin@jrmccarthy.com