Legal Question in Civil Litigation in California
Subpoenaed bank records
We have a judgment in small claims. As part of the judgment debtor exam, we did a subpoena for bank records. After much delay, the records were finally produced and sent to the court. The court clerk said that I need to do a motion to see the records citing why I have a right to see them. I thought the judge would review them and then release them or not. What type of motion should I do and what is the legal cite for viewing the records? Thanks for any help.
1 Answer from Attorneys
Re: Subpoenaed bank records
Thank you for your posting.
There are two ways to subpoena documents -- if you subpoena bank records directly to you, you can review them. If you subpoena them to the court, they must remain in the custody of the court clerk, as a sealed "business record", so that they can't be tampered with. This is typically done to keep the chain of custody intact and make them introduceable at trial per the evidence code.
You can bring a motion to release evidence to the court, or subpoena them again to your address if they are for your review, not the court's.
I hope that this helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.
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