Can A Third Party Be Compelled to Produce/Make Available Evidence in Civil Case?

[Muffuah]

If it's important, I'm in Maryland:

I'm considering filing a civil complaint against someone for a tort of some sort (I'm being vague to save time here). A Video from a local restaurant would be helpful to my case. Can I subpoena(?) that video if the restaurant manager chooses not to "share" it with me?

This is strictly theoretical at this point; I haven't asked the manager to let me have a copy yet, and of course I will, but I would like to know if I can force the issue if I need to. This tape would be very useful in proving a couple of elements of my case; I don't think it would be essential, but it sure would make it easier for me.

 

[quincy]

Muffuah, it is best if you keep all of your related questions in one thread.

Here is Muffuah's other thread: https://forum.freeadvice.com/civil-litigation-46/file-criminal-civil-first-610433.html

You can request the video of the restaurant manager, or you can have a court command the production of the video by way of a subpoena. The video may not be available after a period of time so if you think you will want to use it as evidence in your civil action or if you think it will help in the criminal action, you might want to decide soon whether you are going to file a police report, file a civil action, or let the matter drop.

For information on subpoenas, you can look at the Federal Rules of Criminal Procedure, Rule 17, and the Federal Rules of Civil Procedure, Rule 45.

 

[CdwJava]

And before you can seek a subpoena you will need to file a civil case.