Anytime a ministry is involved in a lawsuit, it may find itself on the receiving end of a subpoena. Ministries can be prepared to deal with these and other court orders by knowing what is expected and how best to respond. This checklist asks the following steps:
We’ve reviewed the subpoena and have made note of the time limit we have in which to respond.
We understand and have made note of what type of information the subpoena is requesting.
We’ve promptly contacted our local attorney to notify him or her that the subpoena was received (contact made within a day of receiving the subpoena).
We’ve shared the following information with our local attorney: (a.) the nature of the legal claim; (b.) what’s been requested; and (c.) when the response is due.
With the help of our local attorney, we’ve decided whether and how we should respond to all of the requests in the subpoena.
Our attorney helped us determine who will gather the information or records requested.
Our attorney confirmed that he or she will respond to the subpoena on behalf of our ministry.
We’ve notified our insurance agent about the situation.
Communication about the details of the lawsuit has been limited to only those who need to know about it and those who will be responsible for gathering the requested information.
All employees, staff, and volunteers who deal with our ministry’s documents and records have been notified that a subpoena has
been received.
All employees, staff, and volunteers who work with our ministry’s documents and records have been asked to avoid destroying any
documents, including electronic communications, that may relate to the request.
