Q: Particular records are necessary from custodian of records - fax communication, from non-party to lawsuit.
During discovery in California particular records are necessary from custodian of records, non-party to lawsuit.
What form should be used to obtain consent for subpoena from owner of fax communication to sign release of information? (In addition to SUBP-010)
A:
To obtain consent for a subpoena in California from a non-party custodian of records, you'll typically need a written authorization from the owner of the fax communication. In addition to using form SUBP-010 (Deposition Subpoena for Production of Business Records), the party should also provide a consent or release form signed by the owner. This authorization should clearly state that the owner permits the release of their fax records to the requesting party.
The release should include the specific details of the requested records, the dates involved, and the purpose for which the information will be used. Make sure the owner understands the nature of the records being requested and their legal right to grant or deny access. Providing clear communication about the necessity of these records can help ensure compliance.
Finally, after securing the owner’s consent, you will serve the subpoena along with the signed release form to the custodian of records. This ensures that the non-party is authorized to release the requested documents. Always make sure to follow California's rules on discovery to avoid complications.
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