Legal Question in Civil Litigation in California
What is the mechanism for taking document discovery from a California company in support of an arbitration proceeding or state court civil action pending in Virginia?
2 Answers from Attorneys
Your Virginia attorney should know how to prepare the appropriate documents which are then filed with a California court by a California attorney, and the California court then issues the subpoena.
Mr. Stone assumes a subpoena is needed. If VA law is like California law, if the company is subject to the jurisdiction of the court, which it would have to be if it is a party to the lawsuit you are taking discovery in, then they must respond to document discovery regardless of where the company is headquartered, or where the documents are located. The court may issue appropriate orders, such as requiring you to go to where the documents are stored to look at them, but the basic obligation to respond to discovery and produce documents would be the same as if the company and its documents were in VA. Check with your VA attorney, but I would bet that the law in VA is the same as CA in that regard.
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