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ARTICLE · 11 JUNE 2014

Responding To Subpoenas

Fox Rothschild LLP
Fox Rothschild LLP
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A subpoena is a document that commands an individual or entity to appear at a specified time and place for testimony, and/or to produce documents and records.

United StatesLitigation, Mediation & Arbitration

A subpoena is a legal document that commands an individual or entity to appear at a specified time and place for testimony, and/or to produce documents and records as requested in the subpoena. The term "subpoena" is Latin for "under penalty" – an ominous translation but one that demonstrates the importance of taking any subpoena seriously upon receipt. Businesses often receive subpoenas asking them to provide documents or records.

Rule 45 of the Nevada Rules of Civil Procedure outlines the procedures for sending and responding to subpoenas issued from Nevada courts. Subpoenas from Federal Courts follow similar procedures. Under NRCP 45(d), a subpoena recipient has two duties when receiving a subpoena asking for production of documents: (1) to produce any requested documents as they are kept in the usual course of business, or to label documents to correspond with the categories set forth in the subpoena; and (2) to state the basis for withholding any documents if

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