A “subpoena” is used in cannabis litigation (or any litigation) when third-party witnesses or documents become necessary for a lawsuit. Over the years, we’ve seen the need for subpoenas come up in a variety of contexts. Below is a primer on what to do as a recipient of one:
What is a subpoena?
There are generally three types of subpoenas:
The deposition subpoena that asks for a witness to sit for a deposition (a “testimony only” subpoena) The deposition subpoena that asks for a production of documents (a “business records” subpoena); or The deposition subpoena that asks for both (a “records and testimony” subpoena)
If the subpoena is demanding a witness to appear, it should set forth the time and place for doing so. It should also include a description of topics on which the questioning will focus on “with reasonable particularity.” If the subpoena is demanding documents, it should also outline the types of documents that is expected to be produced by providing “specific descriptions” of each.
How to comply with a subpoena
The most important thing about compliance is being mindful of the time for compliance. As mentioned above, if the subpoena is asking for attendance,
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