What to do if I have been subpoenaed to provide information but have no access to the information being requested?
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What to do if I have been subpoenaed to provide information but have no access to the information being requested?
I have been subpoenaed to provide information about a person including bank account information. The subpoena is addressed to my name, a business name and my home address. I am not affiliated with the business listed and therefore have no access to the information being requested. I emailed the law office to let them know and they said they will look into it and respond. What do I need from them to be legally released from the responsibility of the subpoena?
Asked on February 8, 2015 under Criminal Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
To be released, they have to send you something in writing on firm letterhead stating that they are vacating (or cancelling, rescinding, etc.) the subpoena. Otherwise, even if you don't have the information, you'd have to reply to the subpoena honestly--and the honest answer could be a simple certified statement or affidavit from you stating that you have no affiliation with the business quetion and no access to the information being sought.
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