Subpoenas & Court Orders FAQs

The Office of General Counsel is responsible for responding to subpoenas served on faculty, university officials, and staff in the course and scope of their employment.  Employees, who receive a subpoena in their capacity as an employee, should forward it to the Office of General Counsel immediately upon receipt. If a faculty member or staff member receives a subpoena in his or her personal capacity (for a reason unrelated to his or her employment with the University), he or she should consider retaining private counsel or should forward the subpoena to his or her private counsel.

This FAQ document outlines the steps university employees should follow when presented with subpoenas from lawyers, law enforcement officials, or regulatory agency officials. The information is provided as general guidance only and not to be substituted for the Office of General Counsel’s legal advice for specific situations.

What is a Subpoena?

A subpoena is a legal document that may be issued by a court or agency in a criminal, civil, or administrative proceeding. A subpoena may be served to require an individual to give testimony at a deposition, hearing or trial, or to produce documents or other tangible things for inspection and/or copying by another party. A subpoena must meet several specific requirements before it is legally enforceable. Before responding, the Office of General Counsel will review the subpoena to determine whether it is legally enforceable and, if not, take the necessary steps to so inform the parties and the court or agency.

What is a Court Order?

A court order is a legal directive issued by a judge or other judicial official. A judge or other judicial official may find an individual in contempt of court for not complying with a court order.

What Should I Do with the Subpoena or Court Order?

If someone appears with a subpoena or court order and attempts to serve you with it in connection with your work at the University:

(1)  Do not accept any document the person tries to hand you.

(2)  Direct the person to the Office of General Counsel located at Room 2002 of the Administration Building.

(3)  If the person does not comply, call our office immediately (703) 908-7703 and ask to speak with the General Counsel. Our office will determine whether you may accept service.

If you receive a subpoena or court order via U.S. regular or certified mail:

(1)  Note the date and time of receipt on the envelope and keep the envelope and certified mail receipt.

(2)  Personally deliver all of the documents over to the Office of General Counsel as  soon as possible. Prompt action on your part is required because usually only a short time frame exists for filing a response to a newly filed lawsuit.

(3)  Keep the contents of the subpoena or court order confidential because it may request information about a specific individual.

In any case, you should contact the Office of General Counsel if you receive something that resembles a subpoena or court order.  It is important to let an attorney review the subpoena or court order to determine the University’s rights and responsibilities for compliance.  Do not ignore a subpoena or court order, even if it addresses something you are unfamiliar with or asks for documents you do not have.  Failure to respond to a subpoena or court order could result in you or the University being held in contempt of court.