Options for Companies Unable to Meet Federal Subpoena Deadlines

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Last Updated on: 2nd October 2023, 05:52 pm

Options for Companies Unable to Meet Federal Subpoena Deadlines

Getting hit with a federal subpoena can be scary. The stakes are high, and the deadlines are tight. What do you do if your company can’t meet the deadline?

First, take a deep breath. You have options. This article will walk through strategies to buy more time or challenge the subpoena. We’ll also look at the consequences for missing deadlines.

Ask for More Time

If the deadline seems unreasonable, you can ask for more time to respond [2]. Under Rule 45, you must file a motion to quash or modify the subpoena [1]. Explain why you need more time and propose a new reasonable deadline.

For example, you might need more time to:

• Collect documents from multiple locations
• Review documents for privileged information
• Have records translated into English

The court will balance the burden on you against the government’s need for a speedy response. With a good reason, there’s a decent chance of getting an extension [4].

File a Motion to Quash

Alternatively, you can challenge the subpoena’s validity with a motion to quash [1]. The court may quash a subpoena that:

• Fails to allow reasonable time to comply
• Requires compliance outside geographical limits in Rule 45(c)
• Requires disclosing privileged information
• Subjects the recipient to undue burden

For example, a subpoena might be quashed if the deadline is unreasonable or compliance costs would be crippling [6]. However, you’ll need evidence to prove undue burden.

File a Protective Order

You can also ask the court for a protective order under Rule 26(c). This restricts discovery to protect against annoyance, embarrassment, oppression, or undue burden/expense. Explain how the subpoena harms your company [5].

For example, you could argue the subpoena seeks irrelevant, confidential, or proprietary information. The court may limit the subpoena’s scope or require the government to cover your compliance costs.

Miss the Deadline

What happens if you miss the deadline entirely? The court can hold your company in contempt. Fines start at $1000 per day. Jail time is also possible in some cases [1].

However, all hope isn’t lost. You can ask the court to excuse the late response. For example, you could argue:

• The delay was inadvertent and harmless
• You made a good faith effort to comply
• Your company has clean hands overall

While not ideal, the court may forgive a single missed deadline, with a legitimate explanation [4].

Get Experienced Counsel

Facing a federal subpoena is stressful. But you don’t have to go it alone. An attorney experienced with federal subpoenas can help craft the right response strategy.

An attorney can analyze the subpoena for objections. They’ll also walk through options to buy more time or limit the scope. This takes the burden off your staff [3].

If you do miss a deadline, a lawyer can put together the best argument to avoid sanctions. Having counsel on your side can really make the difference.

Act Fast to Preserve Options

To recap, if your company can’t meet a federal subpoena deadline, act quickly to preserve options:

• Request an extension right away
• Consider objections to quash or limit the subpoena
• Seek a protective order if the subpoena causes undue burden
• Consult experienced counsel for advice and representation

With the right strategy, you can likely avoid sanctions and adverse legal outcomes. The important thing is to engage with the subpoena in good faith. Don’t ignore it and hope it goes away.

Dealing with federal subpoenas can be intimidating. But taking prompt action gives you the best chance of a favorable result. Breathe deep and take it one step at a time.