TN 9 (05-02)

GN 03106.021 Service of a Subpoena

A. BACKGROUND

The court issues subpoenas or orders requiring the production of documents because a party has requested information, generally under the Freedom of Information Act. See GN 03330.001 when a subpoena for production of information or records is served on your office. OPL forwards any subpoena or court order (if Regulation would permit disclosure) that they receive to OALC.

B. PROCEDURE - OALC

The OALC obtains case control queries to either respond to the order/subpoena or locate the folder.

1. Systems Queries Contain Enough Information to Comply With Court Order/Subpoena

If systems queries, obtained on the SSN of the individual identified in the court documents, contain enough information to comply with the court order/subpoena request, OALC:

  • Prepares the response to the request for information.

  • Prepares a certification attesting to the authenticity of the information provided in response to the court order/subpoena.

  • Insures that the Certification Seal is affixed.

  • Forwards the sealed documents to OPL for release. Be sure to provide OPL with OALC contact name and telephone number.

2. Systems Queries Do Not Contain Enough Information to Comply With Court Order/Subpoena

If systems queries, obtained on the SSN of the individual identified in the court documents, do not contain the information needed to comply with the court order/subpoena, OALC:

  • Contacts the component/office that has the information necessary to comply with the order/subpoena and faxes a copy of the subpoena request to that office.

  • Monitors component compliance to insure that a timely response to the order/subpoena is released.

C. DESCRIPTION OF COMPONENT RESPONSIBILITIES

The component that has the information necessary to respond to the order/subpoena:

  • Prepares a document(s) containing the information that responds to the order/subpoena. (See GN 03106.099, Exhibit B for an example.)

  • Insures that the Certification Seal is affixed. If the Certification Seal cannot be affixed, contact OALC. See GN 03106.020E. for a hyperlink to the OALC website for contacts and telephone numbers).

  • Forwards the documents to OALC.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203106021
GN 03106.021 - Service of a Subpoena - 08/28/2003
Batch run: 01/27/2009
Rev:08/28/2003