What to Do If You Receive a Third-Party Subpoena in New York

What to Do If You Receive a Third-Party Subpoena in New York

Getting served with a subpoena when you’re not even part of the lawsuit? That’s stressful—and confusing. But it doesn’t have to throw you off balance.

In this guide, we’ll walk you through what to do if you receive a third-party subpoena in New York, explain your legal obligations, and show you how to protect your rights. Whether you're an individual, a business owner, or a service provider, we have you covered.

What Is a Third-Party Subpoena?

A third-party subpoena is a legal request for documents, testimony, or information from someone not directly involved in a lawsuit. It’s typically issued by one of the parties in a case who believes you have relevant evidence.

You might receive a third-party subpoena if you are:

• An employer asked for personnel records

• A bank or accountant asked for financial documents

• A medical provider asked for health records

• A business asked for internal communications or contracts

• A bystander with firsthand knowledge of an event.

Even though you’re not being sued, you still have legal obligations.

What to Do If You Receive a Third-Party Subpoena in New York

Step 1: Don’t Panic—but Don’t Ignore It

Subpoenas are legally binding. Ignoring one could lead to:

• Contempt of court

• Monetary sanctions

• A court order compelling your compliance

Pro tip: In New York, you typically have 20 days to respond, depending on the type of subpoena.

Step 2: Read the Subpoena Carefully

Pay attention to:

• Who is requesting the information - an attorney, court, or government agency

• What is being requested - ( documents, testimony) or both

• The response deadline

Where and how to deliver the information or appear

Step 3: Consult an Attorney Immediately

Even if the subpoena looks straightforward, consulting an attorney is critical. A lawyer can help you:

• Confirm the subpoena is valid

• Object to overbroad or irrelevant requests

• Protect confidential, privileged, or sensitive information

• Help you negotiate scope or deadlines with the issuing party

• Responding without legal help can expose you to unnecessary risk.

Step 4: Preserve All Relevant Information

Once you receive the subpoena, you're legally required to preserve all potentially relevant documents—even if you’re not yet sure how to respond. Do not:

• Delete emails

• Shred documents

• Alter files

Failure to preserve evidence could be considered spoliation, which can carry legal consequences.

Step 5: Determine the Right Response

Your attorney may recommend one or more of the following:

• Complying with the subpoena by providing the requested documents or appearing to testify

• Filing objections if the subpoena is too broad, irrelevant, or seeks privileged information

• Filing objections or a motion to quash or modify the subpoena if it's overly burdensome or improper

• Negotiating a narrower scope of production to ease compliance

Your response should be tailored to your rights, obligations, and the specific request.

Know Your Legal Rights as a Subpoena Recipient in NY

Even though you're not a party to the case, you still have rights:

• You may object to requests that are overly invasive or irrelevant

• You can ask for reasonable compensation if the subpoena imposes significant costs or time

You can seek a protective order from the court if needed to safeguard privacy or sensitive data

Common Mistakes to Avoid

• ❌ Ignoring the subpoena or missing the deadline

• ❌ Assuming you have no legal exposure

• ❌ Sharing more than required

• ❌ Failing to consult legal counsel

When Should You Hire a Lawyer?

Immediately. Whether you’re a small business, medical provider, or just an individual pulled into litigation, professional legal support can:

• Understand what’s being asked

• Respond appropriately and legally

• Avoid unintentionally waiving rights or privileges 

• Minimize disruption

• Protect your privacy

• Ensure full compliance with New York law

Conclusion: You Don’t Have to Handle This Alone

Getting served with a subpoena may feel overwhelming, but with the right steps—and legal guidance—you can respond confidently and lawfully. If you’ve got a third-party subpoena in NY, don’t wait. The sooner you act, the more options you have to protect your time, resources, and reputation.

Receiving a subpoena can feel intimidating—but you don’t have to navigate it solo. Now that you understand what to do if you receive a third-party subpoena in New York, you’re better equipped to act strategically and protect your rights.

📞 Need Help Responding to a Subpoena?

At MJ Morley Law, we help individuals and businesses respond to subpoenas quickly, carefully, and lawfully. Let us guide you through your options and ensure you stay protected every step of the way.

👉 Schedule your consultation today.

ABOUT MJ MORLEY LAW PC

MJ Morley Law PC provides comprehensive legal solutions tailored for entrepreneurs and businesses at every stage of growth. From entity formation to intellectual property protection, our dedicated team is here to ensure your business thrives in a complex legal landscape. Ready to take the next step? Book a free consultation with us today or explore our services to learn more about how we can support your business goals.