Legal Question in Civil Litigation in Virginia

Subpoena for Personal Records for a Case in which I am Uninvolved

I have been served a subpoena for personal documents (tax returns, computer files, and a very broad collection of other items) by a former employee of my company. My company is suing him for theft of computer code, moonlighting, and possibly other things. I am not involved with his case (or at least I wasn't until the subpoena arrived). However, I did moonlight two years ago in a completely separate arrangement, which is forbidden in our employee agreements. This former employee knows about this b/c I once confided in him about it, and this is probably why he's served me. There are several other people in my company who have also done this in the past, and two of them have also been served in relation to this case. I would like to know if I can successfully quash this subpoena, OR, if there are any other issues I should be aware of before I take any action. I feel very strongly that he is not entitled to any of my personal records since I have had no involvement with his activities relating to the lawsuit. Thank you.


Asked on 12/06/99, 2:48 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Subpoena for Personal Records for a Case in which I am Uninvolved

As the recipient of a subpoena, you are entitled to move to quash it on the grounds that the information sought is private and irrelevant, but you are not allowed just to ignore it. You should retain counsel to represent you in moving to quash. Courts generally allow pretty broad discovery of documents, so there is no guarantee of success -- a lot depends on the judge.

Read more
Answered on 12/08/99, 9:40 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia