Acworth, GA asked in Divorce for Georgia

Q: In Georgia divorce case, how to obtain physical records of a lease contract without needing a subpeana to court.

So plaintiff can review names of occupants to determine if lease is to be named as a party in a divorce.

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1 Lawyer Answer
Kelly Case
Kelly Case
Answered
  • Johns Creek, GA
  • Licensed in Georgia

A: You might need to state your question a little differently. A "lease" is never going to be a party to a divorce. I am not sure what you are asking for but if you want documents for a legal matter that are in another's possession, you have a couple of options. First, if this is an entity responsible for keeping records in the regular course of their business such as jails, police departments, etc, then you can request the documents through a Public Information Act request. Usually there is one person assigned to be the point of contact that is listed on the website for the agency as the records custodian. Certain records are exempt such as HIPAA related and other types of private information from disclosure. If you are seeking documents that are excluded from the Public Information Act, then you will have to subpoena the documents, unless the custodian will agree to turn them over to you with nothing more than your request. Not likely. So you are probably going to have to subpoena whatever you are looking for. I don't understand why you do not want to subpoena them since the only way a document would be admissible is if the custodian is there to testify about their authenticity or they are under a business records affidavit. Without either one of those, your document is not coming into a suit. So, again, I am not sure what you are asking but I hope this helps you understand admissibility of documents. Good luck!

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