Templates Administrative Law Administrative Subpoena Response Guide - Arizona
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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.
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