ADMINISTRATIVE SUBPOENA / CID RESPONSE GUIDE
1. INTAKE AND AUTHORITY
- Log receipt date/time; calendar return date.
- Identify issuing agency, statutory authority, and enforcement forum.
- Verify service compliance and jurisdiction over recipient.
- Confirm any Arizona-specific CID/subpoena prerequisites under the Arizona Administrative Procedure Act (A.R.S. Section 41-1001 et seq.) and agency-specific regulations.
- Note: Arizona agencies with subpoena power include the Department of Revenue, Corporation Commission, Department of Environmental Quality, and various regulatory boards.
2. SCOPE REVIEW
- List requests; note date ranges, custodians, subject matter.
- Identify overbreadth, vagueness, burden, privilege, confidentiality, and trade secret issues.
- Map data sources: email, messaging, cloud storage, devices, paper files.
- Review under A.R.S. Section 41-1062 (agency investigation and subpoena authority).
3. PRESERVATION AND HOLDS
- Issue legal hold to relevant custodians; suspend auto-deletion where needed.
- Preserve devices/accounts; coordinate with IT for snapshots/exports.
4. NEGOTIATION AND MEET-AND-CONFER
- Request extensions if needed; propose narrowed date ranges/custodians/search terms.
- Seek protective order or confidentiality assurances for sensitive data.
- Clarify production format (ESI specs), privilege clawback, and rolling productions.
5. COLLECTION AND REVIEW
- Collect from agreed sources; document chain of custody.
- Privilege review (A/C, work product); redact PII/PHI/trade secrets as appropriate.
- Create privilege log if required.
6. PRODUCTION
- Produce in agreed format; Bates-label; include cover letter identifying requests satisfied.
- Track what was withheld, redacted, or deferred.
7. WITNESS/APPEARANCE PREP (IF TESTIMONY REQUESTED)
- Determine designee; prepare outline, exhibits, and facts; rehearse; address confidentiality.
- Counsel attendance and objections per agency rules.
- Review A.R.S. Section 41-1062 regarding witness examination procedures.
8. FOLLOW-UP
- Track deadlines for supplemental responses; monitor for additional requests.
- Maintain a record of all communications and productions.
9. CHALLENGE / MOTION TO QUASH (IF NEEDED)
- Grounds: lack of jurisdiction, overbreadth, undue burden, privilege, irrelevance.
- File motion with issuing agency or seek enforcement/quash in Arizona Superior Court per A.R.S. Section 41-1062.
- Consider filing in the Superior Court of Maricopa County or the county where the recipient resides or conducts business.