Tuesday, February 3, 2015

can a california attorney compel someone living in another state to travel to california to produce records

Question

can a california attorney compel someone living in another state to travel to california to produce records



Answer

Only if he gets an order in the person's state of residence or the person is served in California or represents a corporation with adequate connections to California for the court to have jurisdiction over the entity. Records normally are produced without the person showing up any where; the attorney has a copying service go to the location of the person and make the copies there, pays the witness production fee, and leaves.



Answer

no.



Answer

Mr. Seidler is wrong. The correct answer is that sometimes they can and sometimes they cannot. Whether they can or not depends on the details of the situation, some examples of which Mr. Shers refers to, but there are a great many more. And even in circumstances where the court has the power to order the person to come to California, it may decline to do so and instead direct the other party to go to the person's home state for the records. There simply is no bright line rule about it.



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