One appointment. Expert doctors. Convenient services. 4350 E. Camelback Rd., Ste F100 Phoenix, AZ 85018 602.955.8700 • FPSAZ.com Because caring for your health has always been our passion, we’ve made the following services conveniently available in our office. • Excellent care for all ages • Same day appointments • On-site clinical laboratory and X-rays • Dermatology and Optometry services • DOT Physicals • Botox and Obagi skin care now available Celebrating 45 years of family care M-F 7 a.m. to 5 p.m. and Saturday 7 a.m. to noon. Mark A. Wyse, M.D. Kate Montgomery, FNP Allan Goldman, D.O. G G IMG_0898.JPG IMG_0901.JPG IMG_0899.JPG IMG_0902.JPG Lanterman Photo 602.577.1640 David Anderson, O.D. Optometrist David Francyk, D.O. T.E. McCauley, M.D. Tyler Southwell , M.D. Certified in DOT Physicals Andrew Racette, D.O. Certified Dermatologist James Leap, PA-C Topher Bradshaw, PA-C Alisha Archibeck, D.O. Jennifer Francyk, PA-C Certified in DOT Physicals Victoria Rhodes, P.A. Walter Koppenbrink, M.D. Charles Levison, M.D. Page 6 February 2016 Arizona civil subpoenas 101 By Jennifer A. Cranston A client who was served with a subpoena in another state recently contacted me. The subpoena required the client to produce a substantial number of documents in a short time frame, and many of the documents contained proprietary information that the client did not want made public. In helping the client respond to the subpoena, I had a chance to reflect on and appreciate the user- friendly subpoena rules that we have in place here in Arizona. What is a subpoena? A subpoena is a document that requires the recipient (typically a nonparty to the lawsuit) to either (1) appear and give testimony at a hearing, trial or deposition; or (2) produce documents that are relevant to the lawsuit. A subpoena for documents (called a “subpoena duces tecum”) is a common investigation tool used by parties in a civil lawsuit (such as a breach of contract or personal injury claim). How does a party issue subpoena? In a civil case, the parties prepare subpoenas using a standard form, which lists the date, time and place that the recipient is requested to testify or produce the specified documents. The party then takes the subpoena to the Court clerk to be signed, at which point the subpoena is said to be “issued” by the Court. Once issued, the party is then responsible for serving the subpoena on the person from whom the testimony or documents are sought. What do I do if I am served with a subpoena? In some states, the only option for objecting to a subpoena is to file a motion with the Court, which can be time- consuming, expensive and place an unfair burden on the recipient who is not a party to the lawsuit. However, in Arizona, the subpoena recipient can negotiate directly with the party seeking the testimony or documents before having to turn to the Court for relief. If the subpoena is for testimony, the party issuing the subpoena can accommodate requests to change the date, time or location specified in the subpoena, or can excuse the testimony requirement altogether. If negotiations with the party are unsuccessful, then the subpoena recipient must file a motion with the Court. In the case of a document subpoena, the recipient can send a written objection to the party seeking the documents. At that point, the burden shifts to the litigant and his attorney to file a motion with the Court to enforce the disputed portions of the subpoena. What other protections do Arizona’s civil subpoena rules provide? Although there is no requirement that a party serve a subpoena within any set number of days before compliance is due, the rules indicate that the date of service should allow a reasonable amount of time – usually a minimum of 14 days – for the recipient to review and object. The rules also acknowledge that some documents and information may be protected from disclosure if they are privileged or confidential. This is beneficial to businesses, like the client I referenced above, that have concerns regarding public dissemination of sensitive material. Another unique aspect of Arizona’s rules is that the standard form includes a full explanation of the recipient’s legal rights and obligations. That way, a person served with a subpoena is not disadvantaged by his or her lack of familiarity with the subpoena process. Finally, Arizona places an affirmative obligation on the party responsible for issuing the subpoena to take reasonable steps to avoid imposing an undue burden or expense on the recipient of the subpoena. The Court can sanction a party or attorney who breaches this duty. The availability of sanctions provides an additional protection from aggressive litigants and their lawyers who might otherwise make unreasonable demands on persons with no interest or stake in the lawsuit. — Jennifer A. Cranston is a shareholder at Gallagher & Kennedy. For more information about Ms. Cranston, visit gknet.com. LEGAL EASE The availability of sanctions provides an additional protection from aggressive litigants and their lawyers who might otherwise make unreasonable demands on persons with no interest or stake in the lawsuit.” ‘‘ Find an rack location near you. Visit arcadianews.com click on “Pick up a copy” AWA R D W I N N I N G N E I G H B O R H O O D N E W S S I N C E 1 9 9 3

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