Q: Shall form SUBP-025 be issued to non-party, who has to answer interrogatories regarding facts relevant to plaintiff?
Pursuant section 2020.010 (a)(1), (b);
Plaintiff should take responses to interrogatories from non-party to the lawsuit, without appearance.
Shall form SUBP-025 be issued to non-party, who has to answer interrogatories regarding facts relevant to plaintiff's case?
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A:
In California, interrogatories, which are written questions, are typically directed only to parties involved in the lawsuit. Non-parties, such as witnesses or third parties, generally cannot be compelled to answer interrogatories. However, you can still obtain information from a non-party using other legal methods.
One way to gather facts from a non-party is through a deposition or a deposition subpoena for business records. This allows you to request documents or testimony under oath from someone who isn't directly involved in the case. Form SUBP-025, which is a subpoena duces tecum, can be issued to require a non-party to produce documents or tangible things without requiring their appearance.
It’s important to ensure that you follow the correct legal procedures to obtain information from a non-party. Consulting with legal counsel may help guide you through the discovery process effectively and ensure compliance with California’s rules.
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