Q: Are answers by non-party under subpoena to questions are legally considered business records?
Are answers by non-party under subpoena to questions during discovery are legally considered business records?
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A:
No, answers by a non-party under subpoena to questions during discovery are not typically considered business records. Business records generally refer to documents that are created and kept in the regular course of business, such as invoices, contracts, or employee records. The information provided by a non-party in response to a subpoena is considered testimony or evidence for the purpose of discovery, not a business record.
During the discovery process, when a non-party is subpoenaed to answer questions, their responses are treated as part of the legal evidence being gathered in the case. These responses can be used in court or negotiations, but they do not fit the legal definition of a business record, which is subject to different evidentiary rules.
It’s important to differentiate between what qualifies as a business record and other types of evidence gathered in a legal proceeding. If you are unsure about the status of certain documents or testimony in your case, it’s a good idea to review them closely or seek further guidance.
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