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How Long Must Federal Subpoenaed Documents Be Retained?
March 21, 2024
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How Long Must Federal Subpoenaed Documents Be Retained?
In general, there is no single federal law that dictates how long subpoenaed documents must be retained. Retention requirements can vary depending on the type of case, the issuing court, and the nature of the documents.Some key points:
- Documents relevant to an ongoing federal investigation or case should typically be preserved until the case is closed. Destruction of relevant documents can result in sanctions for spoliation of evidence.
- Many federal agencies and courts have issued litigation hold policies that require preservation of documents related to pending litigation or investigations. These policies can require indefinite retention.
- Some federal laws and regulations require retention of certain types of documents for specified periods – for example, financial records, medical records, employment records. These retention periods are often 3-7 years.
- State laws may also apply to retention of subpoenaed documents, especially in civil cases and cases involving state agencies. These laws should be checked.
- In criminal cases, the retention period is usually tied to the relevant statute of limitations – for example, 5 years for many federal felonies.
To ensure proper retention and compliance with all applicable requirements, companies and individuals who receive federal subpoenas should consult with legal counsel upon receipt. Specific retention guidance can be given based on the type of case and subpoena at issue.