Q: Meeting and conferring before compelling records under subpoena
Usually meet and confer letter is not served on parties in lawsuit, and not served at all. Proof of service of meet and confer letter is NOT required.
What statute or rule defines different approach in respect to meet and confer prior to compelling records under subpoena from non-party witness?
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A:
You might be required to follow California Code of Civil Procedure section 1985.3 if you seek personal or employment records from a non-party witness. That section imposes strict notice requirements to protect privacy rights and can trigger additional steps before you file a motion to compel. You should also look at Code of Civil Procedure section 2016.040, which encourages you to resolve discovery disputes informally.
When personal records are involved, you may have to give particular notice to the consumer whose records are sought. This includes a description of the records you want and an explanation of why they matter to your case. Some courts require meaningful dialogue before moving to compel, and skipping that step can put your motion at risk.
Local rules in your county may also demand a more detailed process for these subpoenas, so you would do well to review them. They can impose extra requirements for documenting your efforts to work out disputes without court intervention. If you miss those obligations, you risk procedural setbacks and possible penalties.
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