- Do not reveal any information to the person serving the subpoena.
- Look up your agency’s policy and follow it!
- If the policy does not answer your question, ask your supervisor.
- Make sure that management (for example: Executive Director, supervisor) is aware of subpoena immediately.
- Read the subpoena:
- To whom is it directed? The Program? An advocate?
- Who is asking for the information?
- What are they asking for? Testimony? Document production?
- Do you have the information? If so, how? if the requester is successful, what information will they get?
- What does the victim want?
- Follow policy for notifying the victim.
- This should be as soon as possible!
- Don’t panic the victim.
- Have a clear understanding of what the subpoena is asking for and what information your agency has so you can communicate it clearly to the victim.
- If the victim wants to release the requested information, obtain informed consent and a signed written waiver for release of information.
- Follow policy for notifying the victim.
- Document the facts:
- When was the subpoena received? How was it served?
- Document compliance with the policy (for example: when the victim was contacted, etc.)
- Ask questions and seek help if you need it.
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