COUNSELOR’S CORNER Practical Guide to Responding to a Document Subpoena Baird Holm LLP Nebraska banks are regularly served with subpoenas commanding the bank to produce documents. Document subpoenas, formally known as subpoenas duces tecum, are orders from governmental entities, or the Court, that order a third party, such as a bank, to provide specific information. A subpoena might seek information regarding customer accounts, specific transactions, or the activities and operation of the institution itself.1 After receiving a subpoena, the bank should take immediate action to evaluate the type of subpoena and the validity of the subpoena, consult with legal counsel, and object and/or comply as appropriate. This article provides practical guidance informing how a Nebraska bank should manage responses to third-party civil subpoenas for documents. 14 NEBRASKA BANKER
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