Los Angeles, CA asked in Personal Injury for California

Q: Business records subpoena as answers to questions by non-party

Can a party to lawsuit request from non-party during discovery records as answers to questions by non-party?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Yes, a party to a lawsuit can request records from a non-party during discovery, but it has to be done through a business records subpoena. This allows the party to obtain documents, electronically stored information, or other records that are relevant to the case.

The subpoena must be properly served on the non-party and give them enough time to respond. The non-party has the right to object to the request if they believe it is overly broad, burdensome, or irrelevant. Additionally, the requesting party may have to pay reasonable costs associated with the production of those records.

If you are considering this step, it’s important to ensure that the scope of the subpoena is clear and directly related to the issues in your case, to avoid unnecessary delays or objections.

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