The Office of General Counsel (OGC) is responsible for responding to all legal papers served on faculty members and staff employees in the course and scope of their employment. Faculty and staff members who receive any type of legal papers or correspondence from an attorney related to MMC should immediately contact the OGC at 327-6102.
Review the following questions to answers to our most frequesntly asked questions regarding Lawsuits, Subpoenas, and Other Legal Documents:
Lawsuits
How do I know when I’ve been served with a lawsuit?
What do I do if I am served with a lawsuit?
Subpoenas
What is a subpoena?
Is being subpoenaed the same as being sued?
What do I do if I receive a subpoena?
Can physicians be subpoenaed?
Are all subpoenas enforceable?
What if I have to testify pursuant to the subpoena?
What if I have to provide documents pursuant to a subpoena?
Other Legal Documents
What if I receive some other type of legal document, such as a document request or a letter from a law firm or attorney?
What if I receive a phone call from an attorney?
Lawsuits
How do I know when I’ve been served with a lawsuit?
To file a lawsuit, the person seeking to recover (the plaintiff) delivers a “Summons and Complaint” to the defendant or an “agent” of the defendant. A plaintiff can deliver it by mail, through the sheriff’s department, or by courier.
What do I do if I am served with a lawsuit?
If you receive, or think you might have received, a document entitled “Summons and Complaint”, contact the OGC immediately at 327-6102. The law provides a short time to respond to the complaint, so it is vital that the OGC be notified of the lawsuit as soon as possible.
Subpoenas
A subpoena is a legal document that directs the person it is served upon to: (a) provide testimony, (b) provide documents, or (c) provide both. Subpoenas are issued by the court at the request of a party in the proceeding. They can relate to either civil, criminal or administrative proceedings – although most subpoenas received by MMC employees relate to civil matters.
Is being subpoenaed the same as being sued?
No. It is important to understand that receiving a subpoena does not mean that you have been sued. On the contrary, if you receive a subpoena, it means that you are a potential witness to a proceeding, not a party to the proceeding.
However, the obligations imposed by a subpoena are very serious. Because subpoenas are issued by the court, failing to timely comply with a subpoena can result in sanctions from the court, including being subjected to contempt charges.
What do I do if I receive a subpoena?
Contact the OGC Immediately at 327-6921. Because subpoenas can be issued with as little as 5 days notice, contact the OGC by telephone – do not forward the subpoena via campus mail.
Tennessee law permits physicians to be subpoenaed to testify in depositions, but exempts physicians from subpoenas to testify in court. However, even if the law exempts the physician from a subpoena, he or she still must timely respond to the subpoena in order to assert the exemption. Therefore, the OGC must receive all subpoenas immediately so they can be properly addressed.
Are all subpoenas enforceable?
A party issuing a subpoena must follow strict rules in order for it to be valid. Inevitably, some subpoenas received by MMC employees will not satisfy these rules and, therefore, will not be enforceable. Also, subpoenas may seek information that Tennessee or federal law protects against disclosure.
Upon receipt, the OGC will review the subpoena to determine whether the requisite conditions for enforceability have been met. If the subpoena is not enforceable or the information is protected, the OGC will take the necessary steps to “quash” it. If the subpoena is enforceable and the information is not protected, the OGC will work with the subpoenaed party to ensure compliance with the subpoena.
What if I have to testify pursuant to the subpoena?
If an employee receives a subpoena to give a deposition or to appear in court to testify, an attorney in the OGC will meet with him or her to discuss the testimony. An attorney from the OGC or from an outside law firm will accompany the employee to the proceeding.
What if I have to provide documents pursuant to a subpoena?
If an employee receives a subpoena to provide documents, the OGC will review the documents to determine whether they are responsive to the subpoena and whether any of the information is confidential. Faculty and staff should never provide documents in response to a subpoena without first giving the information to the OGC to review.
Other Legal Documents
What if I receive some other type of legal document, such as a document request or a letter from a law firm or attorney?
Any MMC employee who receives any type of legal paper or correspondence related to MMC should notify the OGC immediately at 327-6102.
What if I receive a phone call from an attorney?
Please forward all calls from attorneys to the OGC prior to giving out any information . If you receive a call from an attorney claiming to represent MMC, please contact the OGC to confirm the attorney’s representation prior to giving out any information.
