OK Lawyers, I’m not looking for legal advice but I am wondering if the answer to this question is cronyism or if there really is a legal premise. For the sake of discussion, we can pretend this is a question on a test…
Pretend you have a client who is trying to gather information for final trial by sending Business Record Affidavits to different entities to get their records. A lot of those entities aren’t replying and those that do are providing the records in a manner that isn’t admissible (not notarized, not signed, wrong page count, no page count, etc).
It’s a custody issue and it seems like they don’t want to get involved. You are coming up on the deadline for getting evidence and need to get answers. You decide to subpoena them to appear in person with the records at a deposition.
What motion do you need to file before you can subpoena the entities to appear in person at a deposition and provide the records?
This is a test.
If you don’t know the answer, opposing council will pounce on your mistake, file a motion to quash the discovery (and win), AND your client will have to pay opposing council’s legal fees of $7,000.
What motion do you need to file before you can subpoena the entities to appear in person at a deposition and provide the records?
To clarify, I understand there might be different ways to get the records and you might do it differently, but this is a test question that is designed to test your knowledge related to a specific motion that you need to know in this situation.
Answer: I don’t know. I do know that if Charla Moore is opposing council and you’re in the 325th there IS a motion that you need to file to do this. I also know that some family law lawyers don’t know the answer, which implies that the answer is cronyism.