Legal Question in Family Law in California

Subpoena for business records

I have received a package of documents (Notice of Taking Deposition - Records Only - No Appearance; Notice to Consumer or Employee and Objection; Proof of Service of Notice to Consumer or Employee and Objection; Deposition Subpoena for Production of Business Records; Proof of Service of Deposition Subpoena for Production of Business Records; Affidavit of Custodian of Records; Interrogatories to Custodian of Records...with Exhibits).

Within these documents I see signatures of only the Requesting Party and the Person who Served; there are no Court-affiliated signatures or stamps on these documents. Finally, the document entitled Proof of Service of Deposition Subpoena for Production of Business Records has no signature.

So, while I would like to assist the Requesting Party, I would not like to produce otherwise confidential information inappropriately. Does the Requesting Party have the right to demand information without a Court-affiliated directive/signature? And can I properly (ie, without liability) submit information when the Proof of Service document to me is without signature?

Thank you!


Asked on 6/08/05, 4:05 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Subpoena for business records

It is not supposed to be signed. You should comply. Call me directly at (619) 222-3504.

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Answered on 6/09/05, 10:14 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Subpoena for business records

In a general sense, a proof of service must be signed to be valid.

I suggest that you consult with your legal counsel as to your responsibilities in properly responding to the legal documents in question

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 6/08/05, 5:02 pm


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