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When you are involved in a lawsuit, you may wish to review the bank records of a party or person. You can obtain these records by preparing and serving a subpoena. [1] X Research source You will only need to subpoena bank records if the bank is not a party to the lawsuit. If the bank is a part of the lawsuit, these documents will be produced during discovery. If you need to subpoena bank records, you should consider hiring an attorney to assist you. You will work with the court where your case is pending to get the proper form, issue the subpoena, and obtain the records.
Steps
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Obtain the proper subpoena form. A subpoena for records is called a subpoena duces tecum or a subpoena to produce documents. [2] X Research source While the words "duces tecum" are often used in state court to tell someone the subpoena is for records, it is not always used. In federal court, it is simply called a subpoena to produce documents. [3] X Trustworthy Source United States Courts Official website for the U.S. court system Go to source Call or visit the court where your case is pending and ask for a subpoena form. You can also visit you’re the court’s website to see if the form is there.
- If your case is in Federal Court, you can find the subpoena form at the Federal Court website .
- If your case is in state court be aware that, in some states, there are different subpoena forms for subpoenaing records or subpoenaing a person to appear. [4]
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Make sure the form you get is the form for subpoenaing documents (not people). [5]
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- Also be aware that in some states you will use a subpoena for business records form. For example, in California, if you want to subpoena bank records, you will have to fill out a form for the production of business records. [6] X Research source
- There may be different forms for different types of cases in your state. For example, your case could be a civil, criminal or family court matter. Take care to get the proper subpoena for the type of case you have.
- There are different types of courts. For example, there are circuit courts (federal and state), family courts, civil courts and chancery courts in some states, that may have different forms. [7] X Research source , Make sure you go to the court where your case is pending to obtain the form.
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Fill in the subpoena form. The form includes blanks and clear instructions for completing it. Take care to follow the instructions and complete the form. The information you need to input on the form includes:
- Legal name of your court case and the case number [8] X Research source
- Name and address of the bank or corporation you want to serve with the subpoena [9] X Research source It could be the opposing party or a third-party bank. You should serve the person at the bank who oversees the department that has the documents you need. [10] X Research source If you do not already have the person’s name, you will need to do some research to identify who that person is. Alternatively, you can serve the registered agent of service for the bank, if you cannot find a person to subpoena.
- Name and address of the court where the documents should be sent [11] X Research source Since the court is issuing the subpoena, the records will be returned to the court. [12] X Research source
- Date and time the records should be sent by – keep in mind the date typically cannot be sooner than 14 business days after the service date [13] X Research source
- Specify the records you want produced [14]
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Typically, these types of documents are requested from banks: bank statements, deposit tickets, signature cards, cancelled checks, loan documents, mortgage documents, investment documents and correspondence.
- It is extremely important that you describe the documents with enough specificity for the bank to produce them. If the bank does not know what to look for they will not give you any documents. For example, if you are looking for a bank statement, describe the statement using the person's name, bank account number, and routing number.
- Your name as the requesting party.
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Visit the court where your case is pending and get your subpoena signed. [15] X Research source The clerk of courts or deputy clerk of court generally signs subpoenas. Present your completed form to the clerk and request his or her signature.
- In some states, the clerk of courts does not need to sign off on the subpoena at all. [16] X Research source
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Serve the subpoena on parties to the case, first. Under Federal law and in many states, before you can serve the subpoena on the bank, you must serve the subpoena on the other parties to your case. [17] X Research source
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Find the right person to serve the subpoena on the bank. The person serving the subpoena must be over 18 years old and can not be a party to your lawsuit. [18] X Research source For a fee of about $50, you can hire a professional process server to serve your subpoena.
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Identify the person at the bank who should receive the subpoena. The subpoena should be served on the person at the bank who oversees the department that has the documents. [19] X Research source You may need to do some online or phone research to determine who that person is. If you cannot identify a person to serve, then you should serve it on the bank’s registered agent for service.
- You can typically find this information on the secretary of state's website or by doing an online search of the bank. If you are doing a generic online search, try searching for the bank's name followed by "agent for service" or "office where subpoenas for records should be sent." If you cannot find anyone by doing these things, call the bank.
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Serve the subpoena through your process server. Your process server will need to deliver the subpoena by hand to the bank representative. If you were unable to find a person to subpoena, the process server will need to personally serve the bank's registered agent for service. [20] X Research source
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Complete and file the proof of service. The person who served the subpoena should complete the proof of service page of the subpoena. He or she will have to fill in the name of the person served, the date served, his or her fee for serving and an attestation, under oath, that the information is true. [21] X Research source , [22] X Trustworthy Source United States Courts Official website for the U.S. court system Go to source After completion, the server should file the proof of service page with the court.
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Know the costs associated with getting the records. Generally, the party requesting the documents will have to pay for their production. These costs will include the cost of finding the documents and the cost of copying the documents.
- Because of this, it is incredibly important to narrow the scope of your request as much as possible. If your request is too broad, you may have to pay a lot of money to have documents found and copied.
- In some cases, if your request is too time-consuming or expensive to fulfill, the bank will call you and ask about reducing the request.
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Wait for approximately two weeks. Most subpoenas give subpoenaed parties two weeks to produce the records. Make a note to contact the court after two weeks, to see if the bank has produced the records. [23] X Research source , [24] X Trustworthy Source United States Courts Official website for the U.S. court system Go to source
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Check to see if your subpoenaed records arrived. Your records may arrive in a number of different locations depending on the type of case you are a part of and how you asked for the records to be produced. In California, you can ask for paper or digital copies, which can be sent to you at your office. In some cases, for example criminal cases, documents are often sent to the court and can be examined there. In other circumstances, the bank may call you and tell you the documents are ready to be examined at the bank.
- The manner in which subpoenaed documents will get to you varies drastically from state to state. You should ask the bank how they plan on delivering the documents so you know what to expect.
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Be aware that the bank may object to the subpoena and file a Motion to Quash it. If this happens, you should receive a copy of the motion from the bank. The court will schedule a hearing to resolve the dispute. [25] X Research source Be prepared to present to the court all of the reasons you need the bank records to prove your case. The court will make a decision whether, by law, you are entitled to obtain the documents.
- When a party submits a motion to quash, they are objecting to the idea that they should have to produce the documents in question. While there are many reasons to object to a subpoena, some common reasons for doing so include the argument that the information is privileged and the argument that the records are not relevant to the case.
- When an opposing party or the bank files a motion to quash, you will have to respond with a motion of your own. When you respond, you will have to explain why the records are relevant and why the law allows you to subpoena them. If you have hired an attorney, they will do this for you. In addition, the attorney will go to any required hearings on the issue.
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Warnings
- The information provided above constitutes general information related to the law. It does not constitute legal advice.Thanks
- If you are seeking legal advice, you should consult a lawyer.Thanks
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References
- ↑ https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter14-5.html
- ↑ https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter14-5.html
- ↑ https://www.uscourts.gov/forms/notice-lawsuit-summons-subpoena/subpoena-produce-documents-information-or-objects-or-permit
- ↑ https://www.courts.ca.gov/forms.htm?filter=SUB
- ↑ https://www.courts.ca.gov/forms.htm?filter=SUB
- ↑ https://www.courts.ca.gov/documents/subp010.pdf
- ↑ https://courts.delaware.gov/forms/List.aspx?ag=Court%20of%20Chancery
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter14-5.html
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter14-5.html
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.findlaw.com/litigation/going-to-court/what-is-a-subpoena.html
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter14-5.html
- ↑ https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter14-5.html
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.uscourts.gov/forms/notice-lawsuit-summons-subpoena/subpoena-produce-documents-information-or-objects-or-permit
- ↑ https://www.law.cornell.edu/rules/frcp/rule_45
- ↑ https://www.uscourts.gov/forms/notice-lawsuit-summons-subpoena/subpoena-produce-documents-information-or-objects-or-permit
- ↑ https://www.law.cornell.edu/cfr/text/18/385.410
About This Article
Article Summary
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To subpoena bank records, first contact the court presiding over your case and request the forms for your state. Follow the form’s instructions and provide the requested information, which includes your case’s legal name and number, the names and addresses of the bank you want to serve and the court where the documents should be sent, the date and time the records should be sent by, the specific records you want produced, and your name as the requesting party. Finally, visit the court where your case is pending and get your subpoena signed. For our Legal reviewer’s tips on how to serve the subpoena once you have it, read on…
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