Legal Question in Employment Law in California

Saying ''No'' to subpoenas?

Who is to sign the Declaration of Custodian of Records? and What are

the consequences of not keeping copies of what has been sent out to

the subpoena service?

I work at the Corporate Office for a professional grocery chain. The

subpoenas are served to the Legal Dept. Legal then inter-office mails

me the portion of the subponea which states what type of records they

are requesting AND they make me sign the Declaration of Custodian of

Records (which I do not feel comfortable doing). The only reason why I

make the copies is because my desk is within the area of where the files

are kept-- I am not in charge of the files & do not take care of the

files.

Per my employer, I am not allowed to accept service of a subpoena. I

am under the impression that if I am not allowed to accept service of

subpoenas, I should not be made to sign the Declaration of Custodian

of Records (I am the Human Resources Asst.)

Also, what are the consequences of not keeping copies of what I

have sent out to the subpoena service? Can I be held liable for not

keeping copies?

Please help! I do not feel comfortable handling subpoenas I know

nothing about. Do I have any legal rights to say ''No'' to handling

subpoenas?


Asked on 3/26/02, 8:59 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Saying ''No'' to subpoenas?

Don�t worry about it. all you are signing is a document that says the copies you made are true copies of the originals. You are not required to keep copies of what you send in response.

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Answered on 3/28/02, 1:33 am


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