No, it isn’t. You can refuse a subpoena - which is just a request for the information. If refused, the one asking can go to court to get an ORDER requiring compliance. But until a court issues such an order, the subpoena is just a request.
I’m not a lawyer but that is what I’ve read. Take it FWIW.
““What’s the reason you want to quash the subpoena, so these are not produced to the parties?” says Eytan. “The person can come to court and state they don’t think it’s fair that these documents are going to become part of the case for numerous reasons. They’re medical records and they’re private; they’re confidential because they’re attorney-client records; they include mental health records; they’re school records; or the request was too voluminous—it’s overwhelming and they can’t get the documents together.”
“Rule 215a. Refusal to Answer Question or Interrogatories; Consequences (1962)
TEXT
(a) Refusal to Answer. If a party or other deponent refuses to answer any question propounded upon oral examination or written interrogatories, or refuses to comply with a subpoena duces tecum after proper service thereof, the examination shall be completed on other matters. Thereafter, on reasonable notice to all persons affected thereby, either party may apply to the court in which the action is pending or to the district court in the district where the deposition is taken for an order compelling an answer, or for an order directing compliance with such subpoena duces tecum, or for an order requiring the remainder of the deposition to be taken before the judge of such court. If the motion is granted and if the court finds that the refusal was without substantial justification the court may require the refusing party or deponent to pay to the examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney’s fees. If the motion is denied and if the court finds that the motion was made without substantial justification, the court may require the examining party to pay to the refusing party or witness the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney’s fees. “
http://www.stcl.edu/lib/TexasRulesProject/TRCP200-215/rule215a1962.htm
Some time ago, I received a request from a lawyer for a past employer to testify at a deposition. I refused as the past employer's management were jerks and I didn't want to get tangled up in a mess they created. I had been the construction manager for a portion of a multimillion project at a food facility in New York. The lawyer threatened to subpoena me. I told the lawyer to go ahead and that he would have a problem enforcing a NY state court subpoena in Georgia where I was a legal resident. I did give the lawyer an out though and told him he could hire me as a. consultant and darn if he didn't agree to the most outrageous rate and terms I could concoct. I almost felt guilty. Naaa, I was still pissed at those jerks.
One thing I do when acting as a project or construction manager, unless it is a smaller one, is to obsessively maintain a daily diary via a Microsoft Word doc. Each and every day I have the doc open and note weather, who is onsite and what they're doing, deliveries, who I spoke with, what actions I took, what actions others took, etc. Friday afternoon, i send out the diary to a distribution list. It's pretty boring reading but turned out to be a centerpiece of the lawsuit.
The deposition was interesting but that's enough rambling.