Subpoena Triage

/subpoena-triage

1. Read the subpoena from provided path.
2. Classify (third-party-docs / third-party-depo / party / CID / grand-jury).
3. If grand jury → stop, escalate per ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md. Otherwise continue.
4. Load ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/_log.yaml for cross-check. Load ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md → landscape, privilege conventions, escalation norms.
5. Follow the workflow and reference below.
6. Extract key fields, analyze scope/burden/privilege, produce objections framework + compliance plan + deadline calendar.
7. Write ~/.claude/plugins/config/claude-for-legal/litigation-legal/inbound/[slug]/triage.md. Copy or link subpoena to ~/.claude/plugins/config/claude-for-legal/litigation-legal/inbound/[slug]/incoming.[ext].
8. Hand off: /legal-hold --issue if hold not in place; /matter-intake if materiality warrants; /matter-briefing [slug] if party subpoena in existing matter.

Subpoena Triage

Purpose

Subpoenas arrive with deadlines. The failure modes: missing the deadline, over-producing (privilege waiver, burden we should have objected to), under-producing (contempt exposure), or missing a motion-to-quash window. This skill classifies, analyzes, and produces a compliance plan with objections framework.

Jurisdiction assumption

The rule cited in Step 0 is the operative one for this subpoena in this forum. Subpoena practice varies materially: federal (FRCP 45) vs. state equivalents, state-to-state variants, local rules, court-specific standing orders, and the subpoena type (trial, deposition, document production) all change objection deadlines, place-of-compliance limits, privilege-log requirements, and cost-shifting. Every rule output here is a starting-point heuristic — confirm currency and the local variant before asserting in writing.

Side context

This skill is inherently defensive — a subpoena has been served on the recipient and the posture is respond/object/comply. Read ## Side in the practice profile. If the user's default side is plaintiff, note that receiving a subpoena is common for plaintiffs too (witness subpoenas, third-party requests directed at the plaintiff's own records) but the framing here is always "subpoena served on us, how do we respond." If the user is defense (typical), the framing aligns with the default. If the matter has a different posture than the default (e.g., defense practitioner receiving a subpoena in a matter where they're pro se for a family member), prompt the user to confirm posture before proceeding.

Load context

• The subpoena document (user provides path or drops it in-session)
• ~/.claude/plugins/config/claude-for-legal/litigation-legal/matters/_log.yaml — for related matter lookup and legal hold status
• ~/.claude/plugins/config/claude-for-legal/litigation-legal/CLAUDE.md → landscape (regulators we deal with), house privilege conventions, escalation norms

Workflow

Step 0: Research the applicable rule

Before analyzing this subpoena, research the applicable rule of civil procedure for the forum (FRCP 45 for federal, the state equivalent otherwise) and the subpoena type (trial, deposition, document production). Identify: place-of-compliance limits, objection deadlines (these often run from the EARLIER of the compliance date or a fixed number of days after service), privilege-log requirements, and who bears costs. Cite with pinpoint references. Verify currency — rules and local variants change. Flag grand-jury subpoenas for immediate criminal-counsel escalation.

No silent supplement. If a research query to the configured legal research tool (Westlaw, CourtListener, Trellis, Descrybe, or firm platform) returns few or no results for the forum's rule, variant, or pinpoint, report what was found and stop. Do NOT fill the gap from web search or model knowledge without asking. Say: "The search returned [N] results from [tool]. Coverage appears thin for [rule / forum / variant]. Options: (1) broaden the search query, (2) try a different research tool, (3) search the web — results will be tagged [web search — verify] and should be checked against a primary source before relying, or (4) stop here. Which would you like?" A lawyer decides whether to accept lower-confidence sources; the skill does not decide for them.

Source attribution. Tag every rule reference, case, statute, and regulation in the triage output with where it came from: [Westlaw], [CourtListener], [Trellis], [Descrybe], or the MCP tool name for citations retrieved from a legal research connector; [web search — verify] for citations from web search; [model knowledge — verify] for citations recalled from training data; [user provided] for citations the user supplied (e.g., from the subpoena or prior matter work). Citations tagged verify carry higher fabrication risk and should be checked first. Never strip or collapse the tags — they are counsel's fastest signal about which citations to verify before asserting in objections or filings.

Step 1: Classify

Subpoenas come in flavors with different rules; confirm the specifics against the rule you just researched:

• Third-party document subpoena (civil) — we're not a party to the litigation; someone wants our documents. Usual objection categories: relevance, burden, privilege, place-of-compliance / geographic reach.
• Third-party deposition subpoena — someone wants an employee to testify. Scope, relevance, burden; possible motion to quash; witness prep required.
• Party subpoena — we ARE a party; this is discovery in a litigation we're tracking. Treat as discovery, not inbound — it should map to an existing matter.
• Regulatory civil investigative demand (CID) — FTC, SEC, DOJ, state AG. Different rules, different posture; often more deferential but also more consequential.
• Grand jury subpoena — criminal. Escalate immediately to criminal counsel; different skill path (outside this skill's scope — flag for escalation).

Step 2: Extract key fields

• Issuing authority — court (which), agency (which), counsel (if civil)
• Issuing party — who requested (if civil)
• Case / matter caption — the litigation we're being asked about
• Document categories sought — numbered list
• Testimony topics (if depo) — Rule 30(b)(6) designations
• Deadline for response/objection — date served + computing the response window per applicable rule
• Production date — date by which documents must be produced
• Geographic scope — custodians, locations, systems implicated
• Custodian of record designation — who at the company is the witness/signatory

Step 3: Portfolio cross-check

• Party subpoena → related to existing matter: verify the caption matches a matter in _log.yaml. If yes, route to that matter's workflow; this triage is informational.
• Third-party subpoena → caption we don't recognize: capture the parties; log as standalone inbound.
• Multiple subpoenas from same case: flag coordinated issuance; a single response strategy may apply.

Step 4: Analyze scope, burden, privilege

Scope / relevance

• Do the categories map to actual documents we plausibly have?
• Is any category a fishing expedition (overbroad, untethered to claims/defenses of the underlying case)?
• Place of compliance / geographic reach — apply the researched rule; limits differ by subpoena type (trial vs. document vs. deposition).

Burden

• Custodians implicated, systems searched, time period
• Estimated volume (rough: small / medium / large / extreme)
• Cost — third-party responders may have cost-shifting available; check the researched rule.

Privilege

• Attorney-client or work product likely implicated? (Almost always yes for anything legal-related; often yes for communications involving in-house or outside counsel.)