Q: Methods for relief of improper records deposition by witness
What methods are available to party that requested from witness very specific records for discovery subpoena described in attachment to subp-010;
but was instead provided irrelevant dump of records - with bill for payment?
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- California
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- Answered
A:
If you received irrelevant records and a billing statement instead of the specific documents you requested through a discovery subpoena, you have several options to address the issue. Start by filing a motion to compel, asking the court to order the witness to produce the correct records as outlined in your subpoena. Make sure to include copies of both the original subpoena and the improper records received to support your request.
Additionally, you can seek sanctions against the witness or their attorney for failing to comply with the discovery requirements. California courts take non-compliance seriously, and penalties may include fines or other disciplinary actions. Before moving forward with court filings, consider communicating directly with the opposing party to resolve the matter informally, which can often lead to a quicker and less contentious solution.
If these steps do not resolve the issue, you may also request a protective order to prevent further irrelevant disclosures. Document all your efforts to obtain the correct records and any responses you receive, as this information will be valuable if the matter proceeds to court. Taking these actions can help ensure that you receive the appropriate documentation needed for your case.
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