Legal Question in Civil Litigation in Virginia

How to request witness information prior to filing a lawsuit

Is it possible to have a clerk (or similar authority) issue something akin to a subpoena duces tecum to a federal agency requesting the identity of an employee intended to be a witness before any complaint is actually filed? I have a client whose ability to succesfully file a lawsuit will depend on whether we can locate a material witness, but all we know of the witness' identity is his first name and business phone number (a number that has since been disconnected). The agency's counsel is not willing to volunteer the person's identity. Is there a way to compel them to identify this material witness prior to the onset of actual litigation?

I apologize for this if it is a stupid question; I am a new lawyer and I haven't been able to find any useful answers in my research, since the DMCA doesn't apply and no complaint has been filed yet.


Asked on 2/25/08, 2:25 pm

2 Answers from Attorneys
Lee Berlik BerlikLaw, LLC

Re: How to request witness information prior to filing a lawsuit

Hi, New Lawyer. If your case is against the missing person, you can file a "John Doe" action prior to identifying that individual. You can learn his or her identity through subpoenas after filing the case. You may also be able to file a "miscellaneous" matter solely for the purpose of issuing a subpoena.

Read more
Answered on 2/27/08, 3:35 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: How to request witness information prior to filing a lawsuit

I know of no way to compel the release

of such information unless the request

is connected with a pending lawsuit.

Read more
Answered on 2/25/08, 7:54 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Virginia