Are Subpoenas Public Record?
Contents
- 1 Are Subpoenas Public Record? A Straightforward Guide
- 2 What’s a Subpoena, Anyway?
- 3 So, Are They Public Record or Not?
- 4 Subpoenas in Criminal Cases
- 5 What About Civil Cases?
- 6 Sealed Subpoenas – The Ultimate Privacy
- 7 How to Find Subpoenas in Public Records
- 8 Protecting Your Privacy When Dealing With Subpoenas
- 9 A Final Word on Subpoenas and Public Records
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.
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.