How to File a Libel Subpoena

Libel is defamation that is written or printed in a publication such as a newspaper or website.

Broadly speaking, libel means that someone published a false fact about you that disgraced you, wounded your reputation or hurt your career. If you are a public official or public figure, you are only libeled if the false fact was told with reckless disregard for the truth or actual malice, depending on the situation. In most cases, you must ask for a retraction and to be "made whole." If the harm caused to you remains unsatisfactorily corrected, you may file a civil law suit for libel. After you file suit you may subpoena pertinent records about the writer, editors and the publication that libeled you as you prepare for mediation or trial.

Things You'll Need

• Competent litigator
• Professional investigator
• Subpoena duces tecum
• Process server
• Witness fees (in some cases)

Instructions

1. Hire a lawyer who specializes in libel suits. In some cases a general litigator may be competent to handle your case.

2. Decide with your attorney whether to file suit in state or federal court. If you decide to file in federal court, decide which federal court. Both decisions have strategic consequences that your attorney should be prepared to discuss with you.

3. Gather as much information as you can about the writer and the publication that libeled you including assets, ownership, experience, credentials and previous alleged libels. Hire a professional investigator to gather this information. You need to know what records to subpoena and from whom.

4. Obtain a subpoena form for a "subpoena duces tecum." The Latin phrase means "bring with you." In most states it is the same form used to subpoena witnesses but federal courts require a separate form.

5. Complete the form including your case number, the parties to your libel suit, the specific records you are seeking and the name of the person who is the custodian of those records.

6. Have the completed form signed by either the clerk of the court trying your case or, in most states, your attorney of record. Make at least three copies of the form.

7. Hire a process server to serve the custodian of the records you seek with the original or a copy of the subpoena, depending on the jurisdiction. Service usually costs about $75 and the server must be prepared to pay the custodian a fee if the custodian has to testify. Witness fees vary by jurisdiction.

8. Instruct the process server to return the appropriate copies of the subpoena to the clerk of the court in which you have brought suit. The clerk will mark the subpoena as "served."

References

• "Stylebook and Libel Manual"; The Associated Press, May 1979
• "Stylebook and Briefing on Media Law"; The Associated Press, 2009
• "Internet Libel Attorney"; Netslander.com
• "Federal Rules of Civil Procedures, Notes to Rule 45"; Cornell Law School
• "General Information"; Michigan Courts
• "SUBPOENA Order to Appear and/or Produce"; Michigan Courts