A potential client wants to obtain bank records from a joint account for activity 20 years ago. Our potential client requested the documents directly from the bank, who refused. There is no current case pending, however our potential client anticipates litigation is near, and wants to receive these bank records. Without a pending case, can we request an injunction, a preliminary injunction, or is there any other avenue of recourse we can attempt to obtain our potential clients bank records without a pending case?
Ms. Koslyn is correct that in order to obtain a supoena (injunctions are not what you are seeking) you need an active case. While I don't know about 7 years, you should not assume that financial records of 20 years ago remain available.
I agree that you need an active civil case, with a case number, in order to have a subpooena issued. There are limited exceptions to this requirement, such as federal government conducting an investigation in certain situations and an entity that has been granted subpoena power by the congress. Your case does not fall into one of these exceptions.
Rosemary Jane Meagher-LeonardEstate Planning AttorneySan Diego, CA ·
I agree with Attorneys Koslyn, Doland, and Lee but had the same question as Attorney Dube. If your client was a joint owner of the account, the bank likely refused to provide him/her with the records because they do not have records that extend back that far. As Ms. Koslyn has said, bank records are only maintained for seven years.
