I Received a Subpoena; What Should I Do?

You’re sitting at your desk opening your mail.

You get to a letter from someone you don’t know. After opening the letter and looking at the document inside, you realize it’s a subpoena.

Your heart jumps a little.

You don’t like dealing with this stuff. It’s stressful and it’s a waste because it takes away from your time to do therapy and help people.

That’s all true, but you still have a subpoena in your hands, so what should you do?

First thing to do is read the subpoena carefully. In fact, you’ll want to read it multiple times because subpoenas tend to be confusing.

Utah subpoenas come in packets and are broken up in to a few different sections:

  1. The subpoena itself. You’ll know it’s the subpoena because on the first page, next to where it says who the parties to the lawsuit are, it will say something like “Subpoena Duces Tecum” or “Subpoena to Appear.”In the subpoena you’ll find two important pieces of information: (1) how much time you have to respond to the subpoena (usually fourteen or twenty-eight days), and (2) what the attorney wants you to do (e.g., provide documents or appear to testify).

 

  1. HIPPA authorization form. Some subpoenas will come accompanied by HIPPA authorization forms. For example, if both parents are undergoing a custody evaluation, and the evaluator needs a child’s therapy records, the parents will both sign an authorization form allowing you to release the therapy records.

 

  1. Notice to Persons Served with Subpoena. This is a document meant to explain what a subpoena is, how to correctly respond to it, how to object to a subpoena if you feel it necessary, and what might happen after you object.

 

  1. Objection to Subpoena. This is the court form you use if you object to the subpoena. Remember, you can only object based on legal grounds, not based on what’s good for your client. Also, if you object, send copies of the objection to the attorney who sent you the subpoena, the court, and to the attorney for the other person listed as a party to the case.

Second, determine whether you will object to the subpoena; and, if you do, file the objection ASAP.

To do this properly, you should forward the subpoena to your attorney and get his or her advice. Let your attorney talk to and negotiate with the attorney who sent the subpoena.

Also, if you decide to object, let your attorney handle that paperwork — legal objections are often not intuitive, and you don’t want to create more hassle by invoking the wrong legal objection.

Whatever you do, object quickly. If you go past the subpoena deadline, you may not be able to object, which will create a whole new set of problems.

Third, if you decide to answer a subpoena requesting records, start gathering them now.

Most subpoenas therapists receive are a “subpoena duces tecum.” This is a request for documents. Records can take a while to track down, especially for clients you haven’t seen in a while, so start gathering records now. You’d be surprised how quickly fourteen days goes by, and you don’t want to find yourself on day thirteen scrambling.

Fourth, if you’re asked to testify and you’re going to comply with that request, meet with your attorney to talk about your testimony, and bring your attorney with you.

If you’ve been asked to testify, you’ll do that either in a deposition or in court. Either way, you want to be prepared. The only way to do that effectively is to meet with your attorney, discuss the situation and possible questions, and decide how you will respond.

And you want your attorney with you when you testify to ensure your interests and ethical obligations are expressed and considered.

Conclusion

Subpoenas are annoying, but they don’t have to be scary. Deal with the subpoena upfront, and spend some money to have a good attorney on hand to help you.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 918 reviews
Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.
Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.
Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work
Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.
You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.
Response from the owner:Chris, thank you. Glad we were able to guide you through your process.
Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!
Response from the owner:Joselyn, thank you for the kind words.
David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.
Response from the owner:Suzanne, thank you and glad David has taken care of you.
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
Response from the owner:Jaren, thank you for the referrals.
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
Response from the owner:Meghann, so glad Ray and Carren took good care of you.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Response from the owner:Thank you, Monica.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
Response from the owner:Mike, thank you for the kind words and the referrals.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts