Serving Federal Employees and Military Personnel Subpoenas

Serving Federal Employees and Military Personnel Subpoenas

Being served a subpoena can be a stressful and confusing experience for anyone. But for federal employees and military personnel, the rules and procedures around responding to a subpoena can be even more complicated. This article provides a helpful overview of the key things to know if you are a federal employee or member of the military and find yourself on the receiving end of a subpoena.

What is a Subpoena?

Let’s start with the basics. A subpoena is a legal document issued by a court or other government entity that compels someone to appear and give testimony or produce documents and evidence. Subpoenas are used in both criminal and civil cases. If you are issued a subpoena, you are legally required to comply, or you could face penalties like fines or even jail time for contempt of court.

Being Served

For a subpoena to be valid, it must be properly served to the person it is directed to. Rules for service vary, but generally it means the subpoena must be physically delivered to the recipient in person. Just receiving a subpoena in the mail is usually not considered proper service.

Federal employees and military personnel have some special protections when it comes to being served subpoenas related to their federal work. For federal employees, a subpoena must generally be served to the head of their agency rather than to the individual employee. For military members, a subpoena must be served to the member’s commanding officer. The heads of agencies and commanding officers then determine if complying with the subpoena is required.

Complying with a Subpoena

Once a subpoena has been properly served, the next step is determining how to comply. There are two main ways you can be compelled to comply:

• Appear in court to provide testimony – If the subpoena orders you to appear in court or at a deposition, you must show up at the specified time and place ready to answer questions under oath. Failure to appear could lead to contempt charges.
• Produce documents or other evidence – The subpoena may order you to provide physical documents in your possession, or other evidence like emails, text messages, photos, etc. You must make reasonable efforts to gather the requested materials.

However, federal employees and military personnel do have some protections when it comes to complying with subpoenas related to their federal duties:

• You may need agency approval before testifying about your official duties.
• You may be prohibited from sharing certain classified or privileged information.
• Your agency will review and determine what evidence you can produce.
• You may need to allow your agency to search your federal records and accounts.

It’s important to consult your agency’s legal team to understand how to properly comply with the subpoena.

Subpoena Defenses

If you believe a subpoena you’ve received is invalid or inappropriate, you may have defenses you can raise. Some common defenses include:

• Improper service – As discussed above, if you were not properly served the subpoena it may be invalid.
• Privileged information – Subpoenas cannot compel disclosure of privileged information, like classified records or confidential communications with your attorney.
• Undue burden – If gathering the requested evidence would be unreasonably burdensome, you may file a motion to quash the subpoena.
• Irrelevant information – Seek to modify or quash the subpoena if it asks for information irrelevant to the underlying case.

You should raise any defenses promptly with the court and your agency counsel.

Seeking Legal Advice

Being served a subpoena can be intimidating, but you don’t have to deal with it alone. Consider these tips:

• Contact your agency’s legal team for guidance on complying.
• Hire a private attorney if you need additional legal representation.
• Reach out to your union if you believe the subpoena is improper.
• Ask the court for more time if you need help gathering materials.

Having knowledgeable legal advice can ensure you respond properly and avoid penalties for non-compliance.

Penalties

It’s important to take any subpoena seriously, as penalties for failing to comply can be severe. Potential penalties include:

• Fines imposed by the court.
• Imprisonment for contempt of court.
• Adverse rulings in the case at hand.
• Disciplinary action by your employer.

In rare cases where the failure to comply is extreme, criminal charges like obstruction of justice are possible. If you have any doubts or difficulties with complying, get legal advice right away.

Summary

Being subpoenaed as a federal employee or member of the military can be complicated. The key takeaways include:

• Subpoenas must be properly served.
• You must comply unless you have a valid defense.
• Consult agency counsel on how to respond.
• Gather help and advice from legal resources.
• Penalties for non-compliance can be severe.

With the right information and support, you can respond appropriately. The critical first step is notifying your agency’s legal team about the subpoena.