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) |