Receiving a subpoena when you are not a party to the underlying case can be unsettling, but it does not mean you are required to hand over everything requested without question. Non-parties have real, well-established rights to object to scope, assert privilege, and push back on requests that are disproportionate to a case they have no stake in. The key is responding within the deadline — silence or ignoring the subpoena is rarely a safe option and can expose you to a motion to compel or contempt.

The right response depends on what kind of subpoena it is: a subpoena for documents only, a subpoena to testify at deposition, or both. Each has its own procedural rules about notice, objection deadlines, and where compliance is required. This guide covers the practical steps for handling a subpoena as a non-party without over-producing or under-protecting yourself.

Identify exactly what is being asked: document production, deposition testimony, or both. Note the compliance deadline, the court that issued it, and whether it was properly served under the applicable rules. A subpoena that was not properly served, or that was issued from a court without jurisdiction over you, may be subject to a threshold objection.

Non-parties generally have standing to object on grounds like undue burden, overbreadth, privilege, or protection of confidential/trade-secret information. Many disputes resolve without ever going to court once counsel for the issuing party understands the actual burden involved.

If responsive material includes attorney-client communications, trade secrets, or other legally protected information, assert the objection in writing and prepare a privilege log for anything withheld. For sensitive business information, a protective order or confidentiality designation can allow limited production without a full public disclosure.

If informal negotiation fails and the subpoena remains overbroad, unduly burdensome, or seeks privileged material, a non-party can move to quash or modify it in the issuing court. Courts are generally more protective of non-parties than of parties to the case, since a non-party did not choose to be involved in the litigation.

Compliance does not mean producing everything indiscriminately. Review documents for privilege and relevance before production, keep a copy of everything produced, and get written confirmation of what was sent and when. If testifying, understand you can still object to individual questions at the deposition on privilege or scope grounds even after agreeing to appear.