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What To Do When You Receive A Subpoena
When you are handed a subpoena or receive one in the mail, immediately notify your editor and your attorney. Depending on the court (state or federal) you may have substantial protection against having to testify. However, unless steps are taken to quash (have declared invalid) the subpoena, it may well be binding on you and failure to honor it might constitute contempt of court.
If you are handed a subpoena in open court and asked to testify immediately, ask the Court for a delay so you can contact your attorney.
The following language can be used in a state court:
“Your honor, I am a reporter employed by a [newspaper or television station] and have been subpoenaed to testify about information I obtained in that capacity. I believe that I am privileged from testifying about such information pursuant to NRS §49.275. Accordingly, I respectfully request a recess so I may contact my attorney, and so a motion may be made to quash this subpoena.”
What To Say If You Receive A Subpoena In Federal Court
If you receive a federal court subpoena read the following language to the Judge:
Your honor, I am a reporter employed by a [newspaper or television station] and have been subpoenaed to testify about information I obtained in that land capacity. I believe that I am privileged from testifying about such information under the First Amendment and pursuant to NRS §49.275. In addition, I am unaware of any facts asserted or findings made which would demonstrate any exception to those privileges. Accordingly, I respectfully request a recess so I may contact my attorney, so a motion may be made to quash this subpoena.