Legal Question in Civil Litigation in California

How to Subpoena Records from California to Maine

Can a Maine lawyer subpoena employment records from California? The employee worked for the County of Ventura. Records need to include any disciplinary actions brought against this worker. Employee now resides in Maine where a class action civil suit will be brought by Maine citizens.

If No. Can a CA lawyer hired for the express purpose of obtaining these records subpoena them and send them to Maine for the trial? There is no lawsuit being filed in CA.

If No, is there any other way to get these records?


Asked on 4/12/05, 2:36 pm

3 Answers from Attorneys
Daniel Harrison Berger Harrison, APC

Re: How to Subpoena Records from California to Maine

If the Maine case was filed in state court - No. The lawyer would have to go to court in California to get an order requiring production of the documents.

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Answered on 4/19/05, 10:51 am
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: How to Subpoena Records from California to Maine

An out of state court lacks jurisdiction ot enforce an out of state subpoena, so the process of obtaining discovery from outside your court's jurisdiction is a method known as ''letters rogatory.'' By this process you hire a local attorney to serve the subpoena and its enforcement lies with your local court through the California court.

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Answered on 4/12/05, 3:19 pm
Terry A. Nelson Nelson & Lawless

Re: How to Subpoena Records from California to Maine

Direct subpeona is not available. Local CA counsel must apply to the court for orders granting and issuing the subpeona, then must serve and enforce the subpeona to obtain what records may exist. Notice must be given to the employee of his right to contest the subpeona and the production of records. You should expect some dispute and resistance to releasing employment records, based on privacy arguments. I would be willing to assist in this. Contact me to discuss the details and expected costs.

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Answered on 4/12/05, 3:33 pm


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