What is the name of your state (only U.S. law)? Fl.
My question: Would it be preferable to draft and send a instruction and definitions section to send out with a subpoena duces tecum[S.D.T.] for production of documents to a non-party?
I ask this question as some atty's. do this to prevent any "wiggle room" from a non-party who may want to protect the interests of a client. Example: A major co. with several subsidiaries, may not have the docs you want in their possession, but they may exist in one of their subsidiaries possession and they could if they choose to, just claim that the requested docs are not in their possession and don't exist.
A definition section might include something like: produce all original documents in your possession and control or in the possession and control or any of your subsidiaries of the account of XYZ CO. Then add all the other document definitions, like one would do in a request for production.
I have the notice of intent to serve the non-party and the proposed S.D.T. ready to go to the parties, but want to know if it would be a good idea to also send the instruction/definition section along with the S.D.T.?
My question: Would it be preferable to draft and send a instruction and definitions section to send out with a subpoena duces tecum[S.D.T.] for production of documents to a non-party?
I ask this question as some atty's. do this to prevent any "wiggle room" from a non-party who may want to protect the interests of a client. Example: A major co. with several subsidiaries, may not have the docs you want in their possession, but they may exist in one of their subsidiaries possession and they could if they choose to, just claim that the requested docs are not in their possession and don't exist.
A definition section might include something like: produce all original documents in your possession and control or in the possession and control or any of your subsidiaries of the account of XYZ CO. Then add all the other document definitions, like one would do in a request for production.
I have the notice of intent to serve the non-party and the proposed S.D.T. ready to go to the parties, but want to know if it would be a good idea to also send the instruction/definition section along with the S.D.T.?