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From:
"Roach, Bill" <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 24 Aug 2011 11:43:35 -0500
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>> In that case you could keep them for a long enough period to make sure the subpoena was complied with, but not as long as a litigation case file in which you are a party to.<<

Experience has taught me that a third party subpoena is a legal matter and the retention time (active + X) is the same as a us v. them action.  The limitation of action on the subpoena is not dependant on whether you are a party to the action.  

I do believe the tolling of the retention periods is different.  The tolling of retention for a third party subpoena begins when the requirements of production have been met.  The tolling of the retention for an action to which you are a party begins when the action is dismissed, settled or decided and all subsequently required actions have been completed.

Bill Roach, CRM

The opinions expressed are my own and not those of my employer or any other individual or entity.

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