1. Immediately Review Subpoena and Identify Deadlines Upon receipt, immediately review the subpoena to identify the deadline for compliance and categories of information the subpoena requests. Given the numerous issues that a bank served with a subpoena can face, it is inevitable that the bank will have questions regarding the validity, scope or response to the subpoena. Such questions should be immediately brought to legal counsel’s attention. Best practice is to implement policies and procedures to guide the bank’s subpoena response and immediately bring a subpoena to the attention of internal or external legal counsel, considering the short time frames for objection and compliance. Under both federal and Nebraska law, when the bank receives a subpoena in a civil case, it typically must object or respond to the subpoena within 14 days of receipt unless the subpoena specifies a different time for compliance.2 If the bank believes it will need more time to respond, it should have counsel request an extension of time from the issuing party or, if necessary, serve a written objection on the party who issued the subpoena or file a motion with the Court to extend the deadline and preserve the bank’s objections. In any event, immediate action — either to comply, respond, request an extension or file a motion — is required upon the receipt of a subpoena. 2. Contact Legal Counsel and Verify the Subpoena’s Validity In immediately discussing the subpoena with legal counsel, the bank should, at minimum, verify the validity of the subpoena before responding. A valid subpoena should state on its face: (1) the individual and/or business that is the topic of the request; (2) the information the subpoena seeks; (3) the authority of the subpoena’s issuing party; and (4) the deadline for compliance. For example, if a subpoena does not include a case caption, court seal or any request regarding your institution, the subpoena may be flawed or invalid. A civil subpoena is invalid and should be objected to if the issuing party failed to notify the bank’s customer or obtain that customer’s consent before issuing the third-party subpoena for the customer’s records.3 If a subpoena seeks documents of a customer who is a party to the captioned case, the customer should have been given the opportunity to review the subpoena and an opportunity to object.4 15 NEBRASKA BANKER
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