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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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Records Subpoenaed: I have a few questions about Subpoenas.

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Records Subpoenaed: I have a few questions about Subpoenas. I have a business. My questions are:
1. If an ex- employee hires private legal council for a federal labor court case & subpoenas my corporate bank records, can
the bank issue these records without alerting me?
2. The same question for our corporate credit card. Can these be subpoenaed without the credit card company alerting me?
3. If either institution must alert me, is the a process or procedure of what they can an cannot send?
4. Do they need my consent to send or am I able to limit what they send or review it before they send?
5. Is there a strategy to fight against my bank and corporate credit card accounts being subpoenaed?


I'm Lucy, and I'd be happy to answer your questions today.

1. Yes. However, the other party is required to serve you with a copy of the subpoena before sending it to the bank. Fed. R. Civ. P. 45.

2. Yes. But again, the other party has to alert you - it's just not the bank's job to notify you.

3. They must send whatever is requested by the subpoena.

4. They do not need consent. They cannot refuse to send the documents. A subpoena is a court order, and it must be followed.

5. To stop them from subpoenaing the information? Not really, other than voluntarily providing all the information yourself (so you have control over what they get) or settling the case before they start discovery. If you want to stop them from getting information requested by a subpoena, you can file a Motion to Quash, as provided in Rule 45(d)(3). If you're planning to file the motion, you can contact the bank's legal department, send them a copy, and ask them to wait to send the documents until you get a ruling on that motion.

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Do you have any other questions about this?

Customer: replied 15 days ago.
What does "work product" mean? & how is that protected?

Work product is documentation created by the lawyer for the purpose of preparing the litigation. Things like interview notes, theories of the case, arguments they plan to make, a list of questions they're going to ask witnesses at trial. An opposing party can't get work product. They have a right to information about the case, but not a right to the see how the lawyer plans to attack the case in court.

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