Legal Question in Civil Litigation in California
Can an attorney serve a subpoena and pick up copies of the records from the custodian of records once they are copied?
Asked on 1/12/12, 12:50 am
3 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
Yes, but the normal practice is to use a copying service, they typically issue subpoenas on behalf of attorneys and have portable imaging machines that are brought to the custodian of records.
Answered on 1/12/12, 1:29 am
Actually, if I recall correctly, neither the attorney, any attorney in the same firm, nor any employee of the attorney or firm, can be the "deposition officer" for a custodian of records document subpoena. You have to use an outside service. Depending on whose records are being subpoenaed, you can also have them just make the copies themselves and send them to the deposition officer.
Answered on 1/12/12, 11:48 am
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