Enforcement of a Third-Party Subpoena

July 5, 2010Articles New Jersey Law Journal

You need to obtain information and documents from a third party, but how do you obtain the information and documents in an efficient manner? What do you do if the third party ignores your subpoena?

It is common discovery practice in civil litigation to subpoena third-party individuals and business entities for production of designated evidence and appearance at depositions. If the third party fails to respond, there are formal and informal means available to secure compliance. Rather than engaging in a standard process of enforcing a third-party subpoena, it is important to consider what approach will be effective and efficient to secure prompt production of evidence from the particular third party.