24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Are Subpoenas Public Record?

Are Subpoenas Public Record? A Straightforward Guide

What’s a Subpoena, Anyway?

But, take a deep breath. Let’s start with the basics – what exactly is a subpoena? A subpoena is a legal document that compels you to testify as a witness, provide physical evidence, or hand over documents and records. There are a few different types:

  • A subpoena ad testificandum requires you to show up and testify in court or at a deposition.
  • A subpoena duces tecum requires you to produce documents or other evidence.

Essentially, a subpoena forces you to participate in a legal proceeding in some way. Ignoring one can get you held in contempt of court – yikes.

So, Are They Public Record or Not?

Here’s the million dollar question: are subpoenas considered public record that anyone can access? The short answer? It depends. If a subpoena was issued by a court clerk, judge, or other public official as part of a legal case, it generally becomes part of the public court record that anyone can view. However, if an attorney issued the subpoena themselves in preparation for a case, it may not be filed with the court right away and therefore isn’t public record yet. The key distinction is whether the subpoena has actually been filed and docketed with the court clerk as part of an official legal proceeding. If so, it’s fair game for public viewing. If not, it remains private for the time being.Of course, there are exceptions to every rule. Let’s dive into some of the finer details.

Subpoenas in Criminal Cases

In criminal prosecutions, subpoenas issued by the government are typically considered public record from the get-go. This includes subpoenas for witness testimony as well as any documents or evidence. Why? Well, the U.S. Constitution guarantees criminal defendants the right to a public trial. Pretty much everything filed in a criminal case, including subpoenas, becomes part of the public record to ensure transparency. However, there can be situations where parts of a criminal subpoena are sealed or redacted if they involve:

  • Classified national security information
  • Trade secrets
  • Personal information like Social Security numbers
  • Ongoing investigations that need to remain confidential

But in general, you can expect criminal subpoenas to be open for public inspection.

What About Civil Cases?

Civil cases between private parties get a bit trickier when it comes to subpoena confidentiality. At the federal level, subpoenas don’t automatically become public record until they are actually filed with the court clerk as part of the official case docket. This means any subpoenas an attorney sends out before filing aren’t necessarily open to public viewing…at least not right away. The same often holds true at the state level as well. However, once a subpoena is filed and docketed as part of the court record in a civil case, it typically does become public record that anyone can request to view or obtain copies of. Some exceptions may apply for things like:

  • Trade secrets
  • Personal private information
  • Records related to minors
  • Other confidential data

But you get the idea – in civil cases, subpoenas can start out private but may become public once officially filed with the court.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Sealed Subpoenas – The Ultimate Privacy

In some high-profile cases, a judge may actually seal an entire subpoena to prevent its contents from becoming public record at all. This is pretty rare and usually requires a very good reason, like:

  • Protecting confidential informants
  • Preserving grand jury secrecy
  • Avoiding risks to national security
  • Shielding trade secrets or sensitive corporate info

For example, you may have heard about prosecutors obtaining sealed subpoenas for journalist phone records during major leak investigations. Sealed subpoenas allow the government to compel evidence while keeping operations completely confidential.But unless a subpoena is specifically sealed by court order, you can generally expect it to be open for public inspection once it becomes an official part of a legal case file.

How to Find Subpoenas in Public Records

Okay, so subpoenas can potentially become public record depending on the type of case and how far along it is. But how can someone actually view or obtain copies of these subpoenas? For federal cases, you can search and access public court records through PACER (Public Access to Court Electronic Records). This is an online service that lets you view dockets, subpoenas, and most other documents filed in federal courts. At the state level, you’ll need to check with the court clerk’s office for the specific county or jurisdiction where the case is filed. Many allow you to search online dockets and request copies of public records for a small fee. Of course, sealed or redacted subpoenas won’t be available through these methods. But for anything else, checking court public records is usually the way to go.

Protecting Your Privacy When Dealing With Subpoenas

So what if you’re on the receiving end of a subpoena and want to keep your information private? Don’t worry, you do have some options:

  • Object to the subpoena’s scope: You can file a motion arguing that the subpoena is too broad and requests information that isn’t actually relevant to the case. This could allow you to withhold certain private details.
  • Assert privileges: Certain privileges like attorney-client, doctor-patient, or privileges covering trade secrets may allow you to refuse to disclose some subpoenaed information on confidentiality grounds.
  • Negotiate a protective order: You can ask the court to issue an order allowing you to designate parts of your subpoena response as “confidential,” limiting who can view that private information.
  • Redact personal info: In some cases, you may be able to redact or black out personal identifiers, account numbers, and other sensitive data before producing subpoenaed documents.

The key is being proactive and promptly raising any privacy concerns with the court and the party issuing the subpoena. An experienced attorney can guide you through the process.

A Final Word on Subpoenas and Public Records

Look, getting slapped with a subpoena can be intimidating and confusing. But here’s the bottom line: whether a subpoena becomes an open public record or not depends on the type of case, how far along it is, and if any special privacy considerations apply. In criminal cases, you can generally expect subpoenas to be public from the start thanks to constitutional rights. In civil cases between private parties, subpoenas may start out confidential but could become public once officially filed with the court. And in some rare, high-profile situations, a judge may seal subpoenas entirely to keep them out of the public eye for good reasons like protecting informants or avoiding security risks. The moral of the story? Don’t panic if you get subpoenaed, but also don’t ignore it. Consult an experienced attorney who can walk you through your rights, help keep your private information under wraps if possible, and ensure you respond properly.Because in the legal world, subpoenas are kind of a big deal – whether they’re destined for public record or not. It’s simple. Every single client deserves honesty and white glove service.

At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficult and challenges of going through a case. If you’re accused of a crime, schedule a consultation with our criminal attorneys today.

Schedule Your Consultation Now