Civil Action Subpoena of Records

​​​There may be situations where employment records or other corporate records are being subpoenaed from your organization.​​

In most civil actions, a subpoena for employment records must contain an affidavit stating that the employee received notice of the subpoena.¹ Anyone who subpoenas employment records must comply with these rules:

• If the subpoena notice is issued by mail to the custodian of records (the employer), the date the subpoena specifies for producing the employment records cannot be fewer than 10 days from the date the subpoena is issued. If the subpoena is served on the custodian of²