Have Legal Questions? Ask a Lawyer Now.
An attorney has the authority to issue a subpeona without a court's order because an attorney is an officer of the court.
In this case, the subpoena was served out of state. Generally, this means that the subpoena has no actual authority to be enforced. To have the requisite authority, the attorney issuing the subpeona must do so by a special request to a court in the jurisdiction where the subpoena is being served (letters rogatory). However, often times a company will simply respond to a subpoena without the necessity of forcing the requesting party to seek a local court order.
Please let me know if you have further questions. Please also kindly consider rating my answer. Rating does not cause you an additional charge and will not prevent us from further discussing your questions.