Subpoenas and library operations: rules and recourse

The subpoena process represents a legal obligation and duty of citizenry and is becoming a fact of life in the operations of many libraries. Regardless of whether a library is directly involved in litigation, the library director may be faced with adjusting operations to compensate for the loss of personnel, collection materials, or other resources in order to accommodate the demands of a subpoena. This paper outlines the formal subpoena process and highlights a number of scenarios by which the library may become a part of the process. The area of computer law, in particular, may present a "growth phase" in library litigation. In addition, recommendations to minimize the service interruptions caused by the subpoena are offered. The director must assist library counsel in formulating a response to challenge, modify, or quash (throw out) the subpoena. Efforts to quash the subpoena require proof that the materials requested are irrelevant to the case, not subpoenaed for "good cause," or that compliance would be unduly oppressive and burdensome. In any case, the library director must be fully prepared to educate counsel on the potential impact of the subpoena.