Do I need to serve a notice of consumer in federal court with a subpoena?

Business 2 views 1 answers
Ok. Im a lawyer. But help me out guys. I served a subpoena on a third party post judgment in a federal lawsuit in California. The responding party objected to the production of any documents on the grounds that I did not serve a notice of consumer on the defendant in the lawsuit. Now under the federal rules you are required to file and serve, which was done, a Notice of Subpoena with the court and on the party. But I see nothing in the federal rules that requires a notice of consumer be served with a subpoena. Any thoughts?

Attorney Answer

1
Richard Rodgers ·
You see nothing 'cause there is nothing. I just went through this. I represent an escrow company and the subpoening party in an adversary proceeding did not mail a Notice to Consumer to the third party consumer (escrow client). No foul because there is no Federal rule requiring such. Since Federal law trumps state law, trying to invoke CCP 1958.3 will just interfere with the Federal court's subpoena power. If you are worried about it, mail the third party consumer a courtesy letter that their records are being sought and if they object they need to consult with a bankruptcy attorney or seek relief from the bankruptcy court. Richard A. Rodgers, Esq. (805) 230-2525 [email protected] www.sdresq.com
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