Q: consent for subpoena from witness non-party to lawsuit , owner of fax communication to sign release of information
During discovery in California. What is the form to obtain consent for subpoena from witness non-party to lawsuit , owner of fax communication
to sign a release of information?
A:
In California, if you need to obtain consent from a non-party witness, such as the owner of a fax communication, to release information during discovery, you generally need to request a signed authorization. This allows you to legally obtain the records without violating privacy laws. You will typically issue a subpoena duces tecum, which requires the production of documents or records. However, you may also want to get a written consent form from the witness that specifies what information can be released.
The written authorization should clearly state the purpose of the release, what specific records are being requested, and include the witness's consent to release the information. While there isn't a specific form prescribed by California law for this, you can use a tailored consent or authorization form that complies with privacy laws like HIPAA (if applicable) or the California Evidence Code.
Be sure to also serve the subpoena properly and comply with the necessary timelines for discovery in your case. If the witness refuses to sign, you may need to seek a court order compelling them to provide the information.
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