Berkeley CSUA MOTD:Entry 36754
Berkeley CSUA MOTD
 
WIKI | FAQ | Tech FAQ
http://csua.com/feed/
2025/05/25 [General] UID:1000 Activity:popular
5/25    

2005/3/18-20 [Reference/Law/Court] UID:36754 Activity:nil
x3/18   Can small claims be used to get judicial orders. I mean, say some
        company has some information that I believe I am legally entitled to
        but will not give me that information, can I sue them in small claims
        for it.  If not there, the what is my recourse?  It seems that small
        claims court is geared more towards "this person ows me money".
        \_ Original jurisdiction of small claims courts is usually limited
           to rewarding monetary damages. However, theoretically they could
           order this. Check with your local jurisdiction on the matter.
           If you really want to do this cheaply, I suppose what you can
           do is sue the company for something related to that information
           and then issue a subpoena for it. You can issue a subpoena
           after the OP has been served. What kind of information is
           it?
        \_ You can also request a Subpoena Duces Tecum through the Court
           Clerk. However, the OP may move to quash it and you have
           to show a valid reason for the Subpoena. If OP claims the
           information is priviliged and has no bearing on your case
           then it may be quashed. If the information falls under
           the statutory jurisdiction of a freedom of information act
           within your state or under federal law then the OP is
           compelled to produce the documents. If they fail to do so
           OP is in contempt and will be sanctioned as such.
           A SDC requires the following:
           1. shows good cause for the production of the records
              described in the subpoena
           2. specifies the exact records to be produced
           3. fully details the relevance of the records requested to the
              issues involved in the case
           4. States that the witness has the desired records in his/her
              possession or under his/her control
           OP can squash under 3 if it challenges your prima facia case.
           \_ I thought that you could only get a Subpoena Duces Tecum
              once the judge approves your discovery plan (haven't covered
              this yet in civ pro)
2025/05/25 [General] UID:1000 Activity:popular
5/25    

You may also be interested in these entries...
2012/10/1-11/7 [Reference/Law/Court] UID:54488 Activity:nil
10/1    Photos of the Supreme Court in session:
        http://preview.tinyurl.com/8zuqc25 [slate]
	...
2009/11/11-24 [Reference/Law/Court] UID:53519 Activity:nil
11/11   The DC sniper Muhammad was executed 7yrs after his crime.  Don't denth
        penalty convicts usually spend much longer time on death roll?  What
        put him in the express line?
        \_ Even the supreme court said they should have had 2 weeks to
           consider commuting his sentence to life.  anyway troll boy,
           perhaps the mountain of evidence against the guy, the confession
	...
2009/10/28-11/3 [Reference/Law/Court] UID:53478 Activity:nil
10/28   "Price to PepsiCo for Not Being in Court: $1.26 Billion - Yahoo!"
        http://www.csua.org/u/pev
        This two guys scored it really big.  Who would have thought that a
        company as big as PespiCo wouldn't even show up in court?
	...