What to do if you receive a subpoena — and how to fight back

This column was originally published in the November 2026 edition of the Hoosier State Press Association newsletter.

It’s not uncommon for journalists to investigate and report on newsworthy events that wind up being the subject of litigation, from crime to accidents to politics. But how should you respond if those litigants try to drag you, as a journalist, into court to obtain information you gathered while reporting the news?

I recently dealt with this issue in helping Western Wayne News reporter Mike Emery fend off a subpoena seeking his testimony in connection with a news article he wrote about a warehouse fire that’s now the subject of a class-action lawsuit. For this column, I thought it might be helpful to provide a primer on subpoenas, including what to do if you receive one. 

First, a working definition: A subpoena is a court order requiring you to produce documents or appear for testimony because attorneys for the government or private litigants think you have information relevant to the case, even if you have no stake in the litigation. If you have been subpoenaed, you will be notified. Indiana courts generally require subpoenas to be served either in-person or through certified mail. 

Subpoenas of journalists are a concern because when reporters are asked to disclose their unpublished notes, documents, or other information they obtained during newsgathering, they risk betraying confidential sources who trusted them with information in the public interest. Giving litigants unrestricted access to journalistic resources also risks making it appear to the public as though reporters are an investigative arm of the judicial system, the government, or private parties rather than independent chroniclers of the news.

Beyond that, responding to subpoenas takes up valuable staff time and resources that should be used for reporting and editing.

If you or your newsroom receives a subpoena, don’t panic. You’re likely to have several options for objecting to the subpoena that a lawyer can help with.

As I told Emery’s editor, Chris Hardie, I’m always here to provide free help with any legal obstacles you’re facing as a journalist — there’s no issue too big or too small. Whether you reach out to me at kcundiff@rcfp.org or contact your newsroom lawyer, it’s important to move quickly when you receive a subpoena. 

Connect with a lawyer as soon as possible — and before you respond to the person who issued the subpoena. Deadlines for subpoena response are often very tight, and rules vary from court to court. Ignoring a subpoena or failing to respond can result in serious penalties, like fines or jail time.  

Many states, including Indiana, have what’s called a “reporter’s shield law,” which gives journalists some form of privilege against being forced to produce confidential or unpublished information. Here in the Hoosier State, our shield law is strong: It provides absolute protection of the identity of a journalist’s confidential source in any state legal proceeding. 

I should mention here that Reporters Committee has a guide to the reporter’s privilege in every state and federal circuit. The Indiana chapter of our Reporter’s Privilege Compendium is a great place to read up on the ins and outs of our state’s shield law. 

There’s no federal shield law, but journalists facing subpoenas in federal court may still have some protections available, depending on the type of case. 

For example, when I helped Emery fight his subpoena in federal court, I argued that the Indiana shield law applied because the underlying case involved “diversity jurisdiction,” meaning that it was only in federal court because the parties lived in different states and the amount at issue exceeded a certain sum. In cases involving diversity jurisdiction, federal courts apply the law of the state — in this case, Indiana. 

In other instances in the U.S. Court of Appeals for the Seventh Circuit, which Indiana is part of, federal courts have generally limited the reporter’s privilege to cases involving confidential sources. That means a federal court might not recognize such a privilege if, for example, you’re fighting a subpoena for recordings of your on-the-record interview with a source who doesn’t object to their disclosure. You can do a deep dive into how federal courts in the Seventh Circuit consider the reporter’s privilege in that chapter in the Reporters Privilege Compendium. 

In Emery’s case, the court’s decision to quash the subpoena was a great win. The judge determined that “the burden of forcing Emery to testify at trial outweighs any benefit of his testimony.” 

I hope you never have to deal with a subpoena in your reporting career. And chances are pretty good that you won’t. But in case you do, it’s important to be prepared. Take some time to learn the basics of Indiana’s shield law, and if you have any questions, I’m just an email away. 

Kris Cundiff is the Indiana Local Legal Initiative attorney at the Reporters Committee for Freedom of the Press. He lives just outside of Indianapolis.