Checklist for Subpoenas

You got one. Now what? Follow the directions to see what you need to do with the thing! IF YOU RECEIVED A SUBPOENA FOR STUDENT RECORDS, see the note at the bottom of this page.

  1. Is the subpoena for a civil case?
    If the subpoena was issued by a grand jury and/or the name of the case is "State of Texas v. Anyone", contact your liaison attorney at once. If the subpoena is for a federal criminal case, contact your liaison attorney at once.
  2. Was the subpoena issued by a Texas state court located within 150 miles of your office?

    Yes
    (Go to 4)

    No...

  3. Was it issued by a federal court?
    Yes
    (Go to 4)

    No...
  4. Does the subpoena specify the person who is being subpoenaed?

    If the subpoena lists a department or the "custodian of records," forward it to the department head or the person who controls the records requested.

    If the subpoena is vague or does not provide enough detail to determine where it should be sent, contact your liaison attorney in the Office of General Counsel for assistance.

  5. Does your office have access to all of the information requested in the subpoena?

    If you do not have access to the information, but know who does, forward the subpoena to that person or department.

    If you have access to some of the information requested, supply that information and inform the requesting party that you do not have all of the information requested. If you know who does have the rest of the information, forward a copy of the subpoena to that person or department.

    If you do not have access to the information and do not know who does, provide any information you can and notify the person requesting the subpoena that you do not have access to the rest of the information.

  6. Have you calculated the copying and other fees the requestor will owe?

    Consult the System Fee Chart, System Regulation 61.01.02, and any fee rule of your component.

    Calculate all copying, labor, and mailing fees.

    If time permits, we strongly recommend that you telephone the requesting party to confirm the cost before  you begin to make copies.

    Send a letter to the requesting party stating the exact amount of fees owed. Include the departmental name as it should appear on the check, and inform them that the documents will be sent once the fee is received.

  7. Do you know when the documents should be produced?
    Read the subpoena carefully. Some requests may not be fulfilled until on or after a specific date, which should be stated in the subpoena.
  8. Do you know the format in which the documents should be produced?

    Documents requested in a subpoena are usually produced as they are kept in the course of business. This means that you should produce the documents just as you keep them in your office. For example, copy computer records in the same format as they are found on your system.

    If this cannot be done, organize the documents and label them to correspond with the categories requested in the subpoena.

    If you are unsure as to how the documents should be produced, call the requestor and discuss the options available and/or call your liaison attorney in OGC.

  9. Is the Texas A&M University System or any System component identified as a party (plaintiff or defendant) in the lawsuit?

    Yes
     Contact the Office of General Counsel
    Telephone: 979-458-6120
    Fax: 979-845-9750

    No (go to 10)

  10. Do you think you are being subpoenaed because of information you have in your personal role, not your official one?
    Examples:
    • To provide personal correspondence.
    • To serve as an expert witness.

    Yes
    This is a private matter that may not be handled by System attorneys or using System resources. You may wish to consult your own attorney. If you are unsure whether the subpoena is for you in your personal capacity, you may contact the Office of General Counsel for assistance in making that determination.

    No (go to 11)

  11. Will production of the information be likely to result in an undue burden or expense to your department?
    Undue burden or expense is usually caused by particularly voluminous record requests. HOWEVER, most courts take a very broad position on this: requestors almost always get what they ask for, but they do have to pay as provided by law. If you think that a request is going to be particularly expensive or difficult due to the number of documents requested, please contact your liaison attorney in the Office of General Counsel for assistance.
  12. Do the records contain personally identifiable information concerning a student or former student?

    13. Information on current and former students is protected by the Family Educational Rights and Privacy Act (FERPA).

    If the subpoena requires you to produce information that is a "student record," you must make a reasonable effort to notify the student or former student of the subpoena in advance of compliance, so that the student may seek protective action if he or she so desires.

Sample Wording for Letter Responding to Out-of-State Subpoena 

Re:  (Show names exactly as they appear on the subpoena, including cause number)

Dear (Requestor of records as named in subpoena):

This office is in receipt of a subpoena directing that certain records of (name of person/entity whose records are being requested) be provided to you. Proper jurisdiction has not been established in accordance with Texas law for this office to fulfill this request. We are not legally required to respond to subpoenas issued by any court other than a Texas state or Federal court having jurisdiction.

Therefore, your request has been denied, and the original subpoena is being returned to you herewith.

Sample Letter Notifying Student/Former Student of Subpoena for Information Contained in Student Records

Re: (Show names exactly as they appear on the subpoena, including cause number)

Dear (Name of student/former student):

The Office of ______________ has received a subpoena to produce documents and records in the matter described above. The subpoena seeks records as described below:

[Description of information requested on subpoena.]

In gathering documents responsive to this request, some documents were included that identified you as an individual student at ____________. 

Pursuant to state and federal law, the University must comply with lawfully issued subpoenas. In accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g(b)(2)(B), you are hereby notified of the subpoena in advance of the University's compliance with the request. We will provide the subpoenaed records on [Insert date here].

Any action on your part to contest the subpoena is your personal responsibility.