Legal Question in Business Law in Massachusetts

Re: evidence

Records retention requirements depend on the nature of the data or information. I.e., tax records must be retained for a specific number of years, etc. Depending on the issues in the case you have been asked to produce records for, don't be alarmed if you don't have the records, just say so. Generally, if the subpeona is just for records, you don't have to go in person. Call the lawyer who issued the summons and see if you can just send whatever records you do have. If you have to go, you can only remember what you remember. If this case exposes you or your company to liability, you should definitely talk to a lawyer before you do anything.

Re: evidence

Your subpoena duces tecum probably reads that you are to bring all documents "within your possession, custody or control" -- you have no obligation to produce documents that don't exist or that were given to some other party. As long as you tell the truth in a deposition, you will not have problems about documentary issues.

Best wishes,

LDWG