What to do when you get a subpoena
Queensland Teachers' Journal, Vol 129 No 7, 27 September 2024, page 27.
Teachers, like other professionals, may sometimes receive subpoenas related to their role, or for the purposes of seeking information about a particular student.
When responding to a subpoena, it is important for members to understand their legal obligations, both in terms of responding to the subpoena, and simultaneously complying with the department’s policies and procedures concerning school information. Here are the key points members should keep in mind.
Understand the nature of the subpoena
When you receive a subpoena, read it carefully to figure out exactly what is being asked of you. Information that can usually be found on a subpoena includes:
- who is requesting the information
- what response is required
- when the response is required by
- where the response is required – e.g. is attendance at court required?
Subpoenas can be used to either request the attendance of a person at court to give evidence, or for the production of documents.
Subpoenas for the production of documents that are the property of the Department of Education should always be referred to the department’s legal team for response. Individual teachers should not collate and produce documents in response to a subpoena, unless they have been specifically authorised to do so by their principal or regional office. Handing over any document without authority may result in disciplinary action.
Notify your principal/supervisor
It is likely that your principal or supervisor has experience in dealing with subpoenas, as they are commonly used to obtain information from the department. You should seek assistance from your principal as soon as possible. They can give some preliminary advice and put you in touch with the legal team from the department. They can also assist with any arrangements to cover your duties while you attend to responding to the subpoena.
Consider how to comply with the subpoena
In a post-COVID courtroom, there is often an opportunity for evidence to be given via telephone or videolink, which can avoid the need for subpoenaed witnesses to travel long distances to a court location. Make contact with the party who has issued the subpoena (usually a lawyer whose details will be on the subpoena) and ask whether arrangements can be made for your evidence to be given over the telephone or videolink.
Please be aware that if those arrangements are not agreed in time, you cannot assume that you can attend remotely. A failure to show up to court at the time specified in the subpoena (if you have not made arrangements for alternative compliance) may result in a finding that you are in contempt of court.
Check the plans to cover your expenses
If telephone or video appearance is not agreed or not possible, the party who issues the subpoena is required to pay you “conduct” money, which represents your reasonable costs of attending to give evidence. Those costs might include public transport fares, taxi or Uber fares and/or petrol or parking costs. You should ask the party issuing the subpoena how they propose to meet your reasonable costs of complying with the subpoena.
Comply with the subpoena
When you attend court to give evidence, remember that your role is to assist the court to come to a determination about the matters in dispute. You are not required to support any particular party just because they were responsible for issuing the subpoena. Be honest and answer the questions asked of you – and only those questions. Don’t guess at things if you don’t know the answers. If you need to see records to answer a question, ask to be shown records.
Seek assistance from the QTU
The QTU’s legal assistance can extend to preliminary advice about responding to a subpoena.