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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
