It is possible to negotiate the scope of records to be released in response to a subpoena. Oftentimes, a party issuing a subpoena (“requestor”) is on a “fishing expedition” with no idea what documents exist or how files are organized. The requestor may have no interest in spending time reviewing extraneous documents, and may be satisfied, after a conversation, with something less than what is called for in the initial request. However, be very careful not to negotiate production of anything beyond what is called for in the subpoena, unless you are certain that the additional documents are public records. Consult OLA for guidance regarding the scope of a subpoena’s requests.
